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Patricia Nelson v. Esteban Rivera

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1282 · judgment February 26, 2020

Certiorari denied · January 25, 2021

Pre-decision estimate: 3% cert probability

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

Question presented

Whether the Sixth Circuit erred when it conspicuously disregarded the standard set forth in Tolan v. Cotton, 572 U.S. 650 (2014) by granting qualified immunity based upon the defendant officer’s testimony while failing to consider not only minor N.K.’s testimony but also eyewitnesses’ testimony and dash-camera video which support minor N.K.’s position that he was compliant and empty-handed at the time that he was shot.

Counsel of record

For petitioner
Christopher J. Trainor
Christopher Trainor and Associates

For respondent
Jill Ellen Steele
Battle Creek City Attorney's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

Jan 25 2021
Petition DENIED.
Jan 08 2021
Reply of petitioner Patricia Nelson, et al. submitted.
Jan 06 2021
DISTRIBUTED for Conference of 1/22/2021.
Dec 23 2020
Brief of respondent Esteban Rivera in opposition filed.
Nov 24 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
Nov 23 2020
Motion to extend the time to file a response from November 25, 2020 to December 23, 2020, submitted to The Clerk.
Oct 26 2020
Response Requested. (Due November 25, 2020)
Oct 14 2020
DISTRIBUTED for Conference of 10/30/2020.
Oct 10 2020
Waiver of right of respondent Esteban Rivera to respond filed.
Aug 26 2020
Petition for a writ of certiorari filed. (Response due September 30, 2020)