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Juan Perez, et al. v. City of Sweetwater, Florida

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10498 · judgment May 3, 2019


Certiorari denied · December 9, 2019
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

I) Whether the Petitioner’s Seventh Amendment rights were violated when the trial court weighed evidence and drew inferences against Petitioner in setting aside a verdict in his favor in contravention of this Court’s decision in Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). II) Whether a municipality known to have a “culture of corruption” and for having “engaged in a protracted pattern of racketeering activity,” including “multiple acts of theft, fraud, burglary, torture and other violent crimes against civilians,” can be held liable under 42 U.S.C. §1983 for injuries resulting from the conscience shocking use of force by a police officer the municipality failed to train on the proper use of force? III) Whether the Single Occurrence Rule originating from City of Canton v. Harris, 489 U.S. 378, 109 S. Ct. 1197 (1989) is a viable theory for holding a municipality liable in finding sufficient evidence of a custom of tacitly condoning police officers’ unjustified use of deadly force to establish municipal liability under 42 U.S.C. §1983.

Counsel of record

For petitioner
Ricardo R Corona
Corona Law Firm, PA

For respondent
Michael Ross Piper
Johnson Anselmo Murdoch Burke Piper Hochman, P.A.

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, December 9, 2019 · Certiorari denied

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 20 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Nov 11 2019
    Waiver of right of respondent The City of Sweetwater to respond filed.
  4. Oct 10 2019
    Petition for a writ of certiorari filed. (Response due November 14, 2019)