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Matthew Anderson v. John Bonnewell, et al.

Paid petition · Supreme Court of Delaware, No. 394, 2019 · judgment April 16, 2020


Certiorari denied · December 7, 2020
Pre-decision estimate: 3% cert probability

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

Questions presented

The questions presented are:

  1. Whether a trial court can disregard the five factors set forth in Whitley v. Albers, 475 U.S. 312 (1986), in an Eighth Amendment excessive force case in favor of deferring solely to the correctional officers’ perception of the incident and insist upon direct evidence that the officers had the specific intent of malice and sadism.

  2. Whether a trial court can consider a video of a beating of an inmate in a prison, which the trial court expressly acknowledges has limitations, in order to reject the inmate’s account of what happened to him for purposes of summary judgment in an Eighth Amendment excessive force case when, at the time the footage was taken, he was covered in a “scrum” of correctional officers and another correctional officer’s body blocked parts of the camera’s view of the incident.

Counsel of record

For petitioner
Patrick Christopher Gallagher
Jacobs & Crumplar, P.A.

For respondent
George Thomas Lees III
Delaware Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Oct 13 2020
    Waiver of right of respondent Lieutenant John Bonnewell to respond filed.
  4. Oct 13 2020
    Waiver of right of respondent Correctional Officer Edgar Verde to respond filed.
  5. Oct 02 2020
    Petition for a writ of certiorari filed. (Response due November 6, 2020)