Martin Marquardt, Deputy Sheriff v. William Fletcher

Petitioner, an unarmed jail guard, was questioning Respondent, a pretrial detainee, about Respondent’s apparent violation of jail rules. When Respondent became argumentative, Petitioner put his hand on Respondent’s shoulder to turn Respondent toward the wall, in response to which Respondent told Petitioner, “Get your hands off me” and yelled for help to the 20 or more other inmates who were then out of their cells on “out time.” At this point, Petitioner forcibly took Respondent to the ground and, because Respondent kept yelling for help to the other at-large inmates and resisting handcuffing, hit Respondent once in the back to stop his resistance. The forcible take down and single blow to Respondent’s back caused no visible injuries. The questions presented are:

1. Whether the U.S. Court of Appeals for the Ninth Circuit correctly held that Petitioner does not have qualified immunity on the ground that “[t]he law is clearly established that a reasonable correctional officer cannot administer strong blows upon a compliant pretrial detainee.”

2. Whether the Ninth Circuit correctly based “clearly established” law on one prior, inapposite Ninth Circuit decision that conflicted with decisions of other circuits on an issue as to which this Court later ruled against the Ninth Circuit’s position.