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Davdrin Goffin v. Robbie K. Ashcraft, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1430 · judgment October 15, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Tennessee v. Garner announced the rule that it is unconstitutional for police officers to use deadly force to apprehend a fleeing suspect who does not appear to be armed or otherwise dangerous. 471 U.S. 1, 11 (1985). The question presented is: Is an officer entitled to qualified immunity if she shoots a fleeing suspect in the back without warning after watching another officer search the suspect for weapons and the search turned up nothing, and thus the officer had no probable cause to that believe the suspect was armed?

Counsel of record

For petitioner
Daniel Scott Harawa
Washington University in St. Louis School of Law

For respondent
Timothy Towery Coates
Greines, Martin, Stein & Richland LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    Reply of petitioner Davdrin Goffin filed. (Distributed)
  3. Jul 28 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 12 2021
    Brief of respondent Robbie Ashcraft in opposition filed.
  5. Jun 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
  6. May 28 2021
    Motion to extend the time to file a response from June 11, 2021 to July 12, 2021, submitted to The Clerk.
  7. May 12 2021
    Response Requested. (Due June 11, 2021)
  8. May 11 2021
    DISTRIBUTED for Conference of 5/27/2021.
  9. Apr 26 2021
    Brief amici curiae of DC Justice Lab, et al. filed.
  10. Apr 06 2021
    Waiver of right of respondent Robbie Ashcraft to respond filed.
  11. Mar 15 2021
    Petition for a writ of certiorari filed. (Response due April 29, 2021)