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Daniel Macias, et al. v. Raymond Nichols, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-55135 · judgment August 22, 2019
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition citing one or two dissents.
Question presented
A magistrate judge granted Riverside police officers qualified immunity on a § 1983 unlawful arrest claim, finding there was probable cause for the arrests. A divided Ninth Circuit panel reversed. The majority held that the officers lacked probable cause to believe that plaintiffs committed theft when they took a rental mattress from a rehabilitation center, because this was at most a dispute about what the rental contract allowed. The dissenting judge agreed with the magistrate that there was probable cause. On remand, a district court judge found that the lack of probable cause was clearly established and denied qualified immunity. The Ninth Circuit affirmed in a two-paragraph memorandum. It held that the law was clearly established because three prior Ninth Circuit decisions found that disputes over a bill or the right to possess “are civil in nature and ordinarily do not give rise to probable cause to arrest.” The questions presented are: 1. Whether the Ninth Circuit departed from this Court’s qualified immunity decisions by finding the officers violated a clearly-established right without acknowledging the governing standard, defining the right specifically, or identifying a case involving similar facts.
Counsel of record
For petitioner
Alana H. Rotter
Greines, Martin, Stein & Richland LLP
For respondent
Brenton Whitney Aitken Hands
Law Office of Jerry L. Steering
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, April 20, 2020 · Certiorari denied
Proceedings
- Apr 20 2020Petition DENIED.
- Mar 25 2020DISTRIBUTED for Conference of 4/17/2020.
- Mar 23 2020Reply of petitioners Daniel Macias, et al. filed. (Distributed)
- Mar 11 2020Brief of respondents Raymond Nicholas, et al. in opposition filed.
- Feb 10 2020Response Requested. (Due March 11, 2020)
- Jan 29 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 13 2020Waiver of right of respondents Raymond Nichols, et al. to respond filed.
- Dec 18 2019Petition for a writ of certiorari filed. (Response due January 21, 2020)