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City of Hayward, California, et al. v. Jessie Lee Jetmore Stoddard-Nunez
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16403 · judgment June 10, 2020
Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.
Questions presented
Fearing for his own safety and that of his ridealong, an officer fired several shots at a fleeing-felon driver as he drove toward and swiped the officer’s cruiser. Unfortunately, one of the officer’s shots unintentionally hit and killed a passenger in the fleeing car. The driver was convicted for the homicide, yet the victim-passenger’s brother brought this § 1983 action against the officer. The district court granted summary judgment, finding the officer was entitled to qualified immunity and that his use of force was reasonable under the circumstances. The Ninth Circuit reversed, once again ignoring this Court’s precedent and instructions, and instead defining “clearly established law” at an impermissibly high level of generality. The Ninth Circuit also further entrenched a split among the courts of appeals by failing to address whether the victim-passenger was “seized” as a matter of law to support a claim under the Fourth Amendment. The questions presented are:
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Whether an accelerating fleeing driver’s sudden turn deprives a threatened shooting officer of qualified immunity?
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Whether an unintended victim-passenger of a fleeing vehicle is “seized” for purposes of the Fourth Amendment?
Counsel of record
For petitioner
Michael Louis Fox
Duane Morris LLP
For respondent
Michael Aaron Avery
Michael Avery
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 04 2021Motion for leave to file amicus brief filed by International Municipal Lawyers Association GRANTED.
- Oct 04 2021Motion for leave to file amici brief filed by Peace Officers' Research Association of California, et al. GRANTED.
- Oct 04 2021Petition DENIED.
- Jun 23 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 21 2021Reply of petitioners City of Hayward, et al. filed. (Distributed)
- Jun 07 2021Brief of respondent Jessie Lee Jetmore Stoddard-Nunez in opposition filed.
- Mar 11 2021Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021.
- Mar 10 2021Motion to extend the time to file a response from April 7, 2021 to June 7, 2021, submitted to The Clerk.
- Mar 08 2021Response Requested. (Due April 7, 2021)
- Mar 02 2021Proposal under Rule 32.3 to lodge non-record material with the Clerk filed by counsel for amici curiae Peace Officers' Research Association of California, PORAC Legal Defense Fund, et al. filed.
- Feb 25 2021Motion for leave to file amici brief filed by Peace Officers' Research Association of California, et al. (Distributed)
- Feb 24 2021DISTRIBUTED for Conference of 3/19/2021.
- Feb 24 2021Motion for leave to file amicus brief filed by International Municipal Lawyers Association. (Distributed)
- Feb 17 2021Waiver of right of respondent Jesse Lee Jetmore Stoddard-Nunez to respond filed.
- Jan 15 2021Petition for a writ of certiorari filed. (Response due February 26, 2021)