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Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-5375 · judgment April 19, 2021
Certiorari denied · December 13, 2021
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
- Does the ruling in this case by the U.S. Court of Appeals for the Sixth Circuit violate basic fundamental principles of Rule 56 of the Federal Rules of Civil Procedure and therefore in direct conflict with existing precedent of the United States Supreme Court’s holdings in Tolan v. Cottan, 572 U.S. 650 (2014) and Scott v. Harris, 550 U.S. 372 (2007) when the Sixth Circuit refused to view any of the facts in the light most favorable to the nonmoving party which were not “utterly discredited” by the dash cam videos but rather should have been viewed in in the light most favorable to the Petitioner in conjunction with the videos to show a dispute as to material fact as to whether Lewellyn posed a threat of death or serious bodily injury at the time she was shot ten (10) times? The Sixth Circuit refused and/or did not consider deposition testimony from Respondent Paschal who was outside of his SUV, regarding distance and cover between Paschal and Lewellyn and two photograph exhibits identified by Respondent Paschal that depict the scene of the shooting of Lewellyn and the position, field of vision and line of sight of Respondent Paschal when he fired his first shot from sixty feet away behind the cover of Jayroe’s SUV that establishes a dispute as to material fact that Lewellyn was not pointing the bb gun at Paschal or anywhere in his vicinity and therefore posed no objective reasonable threat of death or serious bodily injury to Paschal which establishes a dispute as to material facts and contradicts Paschal’s deposition testimony and the dash cam videos constitutes admissible evidence of a violation of Nancy Lewellyn’s constitutional rights that were clearly established,
Counsel of record
For petitioner
Daniel A. Seward
Seward Law Firm
For respondent
Emmett Lee Whitwell
Shelby County Attorney's Office
Case
Conference history
Distributed for 2 conferences
Proceedings
- Dec 13 2021Petition DENIED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 08 2021Brief of respondents Robert Paschal, et al. in opposition filed.
- Oct 08 2021Response Requested. (Due November 8, 2021)
- Sep 29 2021DISTRIBUTED for Conference of 10/15/2021.
- Sep 22 2021Waiver of right of respondent Robert Paschal, et al. to respond filed.
- Sep 16 2021Petition for a writ of certiorari filed. (Response due October 20, 2021)