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Daniel Rivas-Villegas v. Ramon Cortesluna

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15105 · judgment October 27, 2020


Decided · October 18, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Questions presented

The questions presented by this petition are:

  1. Did the Ninth Circuit depart from this Court’s decisions in Graham v. Connor, 490 U.S. 386

  2. and Plumhoff v. Rickard, 572 U.S. 765

  3. in denying qualified immunity to petitioner based upon the absence of a constitutional violation, by concluding that pushing a suspect down with a foot and briefly placing a knee against the back of a prone, armed suspect while handcuffing him, could constitute excessive force?

  4. Did the Ninth Circuit depart from this Court’s decision in Kisela v. Hughes, ___ U.S. ___, 138 S. Ct. 1148 (2018) (per curiam) and numerous other cases by denying qualified immunity even though two judges concluded the use of force was reasonable, and notwithstanding the absence of clearly established law imposing liability under circumstances closely analogous to those confronting petitioner?

Counsel of record

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

For respondent
Robert George Howie
Howie & Smith, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Argument & decision

Decided October 18, 2021. Opinion by Per Curiam.

Proceedings

  1. Nov 19 2021
    JUDGMENT ISSUED.
  2. Oct 18 2021
    Petition GRANTED. Determination of United States Court of Appeals for the Ninth Circuit that Rivas-Villegas is not entitled to qualified immunity REVERSED. Opinion per curiam. (Detached Opinion)
  3. Oct 12 2021
    DISTRIBUTED for Conference of 10/15/2021.
  4. Oct 04 2021
    DISTRIBUTED for Conference of 10/8/2021.
  5. Jul 14 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jul 08 2021
    Reply of petitioner Daniel Rivas-Villegas filed.
  7. Jun 02 2021
    Brief of respondent Ramon Cortesluna in opposition filed.
  8. Jun 01 2021
    Brief amici curiae of California State Sheriffs' Assoc., California Police Chiefs Assoc., California Peace Officers' Assoc. filed.
  9. Apr 30 2021
    Petition for a writ of certiorari filed. (Response due June 4, 2021)