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Arlane James, et al. v. Noah Bartelt

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1432 · judgment April 21, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Third Circuit’s decision to exercise jurisdiction over an appeal of the District Court’s denial of qualified immunity on a motion for summary judgment is in conflict with Johnson v. Jones and its own precedent?

  2. Whether the Third Circuit’s ruling that inexplicably deviates from the Third Circuit’s precedent in Bennett v. Murphy is an error of law?

  3. Whether an officer who testifies that he was not in fear of his life or the lives of others nor did he feel threatened by Gibbons before fatally shooting a suspect be entitled to qualified immunity?

  4. Whether the Third Circuit erred as a matter of law when it interpreted this Court’s holdings in White v. Pauly and Kisela v. Hughes as creating a new standard of review to the established law when it granted Bartelt absolute immunity for his use of deadly force against a suicidal suspect?

Counsel of record

For petitioner
Yvette Claudia Sterling
Sterling Law firm

For respondent
Jeremy Michael Feigenbaum
Office of the New Jersey Attorney General

Case

Conference history
Distributed for 5 conferences

Argument & decision

Decided October 4, 2021.

Proceedings

  1. Jan 28 2022
    Record returned to the U.S.C.A. Third Circuit (1 envelope).
  2. Oct 04 2021
    Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)
  3. Sep 17 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 01 2021
    DISTRIBUTED for Conference of 7/1/2021.
  5. Jun 28 2021
    Record received from the U.S.C.A. Third Circuit (1 envelope). The remaining record is available on PACER.
  6. Jun 23 2021
    Record received from the U.S.D.C. District of New Jersey (sealed documents received electronically). The remaining record is available on PACER.
  7. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  8. Jun 17 2021
    Record Requested.
  9. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  10. May 12 2021
    Brief of respondent Noah Bartelt in opposition filed.
  11. Mar 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
  12. Mar 19 2021
    Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
  13. Mar 12 2021
    Response Requested. (Due April 12, 2021)
  14. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  15. Feb 17 2021
    Waiver of right of respondent Noah Bartelt to respond filed.
  16. Jan 04 2021
    Petition for a writ of certiorari filed. (Response due February 25, 2021)