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County of Sacramento, California, et al. v. Kenard Thomas

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16443 · judgment October 27, 2021


Certiorari denied · April 25, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Questions presented

  1. In deciding whether qualified immunity applies, the court is to view the evidence in the light most favorable to the plaintiff. Is it appropriate, however, for a reviewing court to use that standard to limit the facts considered, and not consider all the facts, when determining whether qualified immunity applies?

  2. Is a peace officer entitled to qualified immunity under § 1983 where no binding authority at the time of the incident had clearly established a constitutional violation by any officers acting under similar factual circumstances?

Counsel of record

For petitioner
Carl L Fessenden
Porter Scott Attorneys

For respondent
Carter Capps White
UC Davis Civil Rights Clinic

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 07 2022
    Brief amicus curiae of National Police Association filed. (Distributed)
  3. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  4. Apr 02 2022
    Waiver of right of respondent Kenard Thomas to respond filed.
  5. Mar 04 2022
    Petition for a writ of certiorari filed. (Response due April 7, 2022)