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Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16009 · judgment May 10, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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When a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed to be in possession of a deadly weapon and under the influence of an illegal stimulant, is the Fourth Amendment violated when the K9’s handler commands the K9 to release the suspect within seconds after the suspect is handcuffed and ceases resisting arrest?
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Did the Ninth Circuit err when it failed to consider the totality of the circumstances in assessing the reasonableness of force used to restrain a suspect with a known history of violent crime who is actively resisting arrest and is believed to be in possession of a deadly weapon and under the influence of an illegal stimulant?
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Did the Ninth Circuit violate City and County of San Francisco v. Sheehan and other binding precedent when it denied a police officer qualified immunity by defining clearly established law at too high a level of generality?
Counsel of record
For petitioner
Timothy Berg
Fennemore Craig P.C.
For respondent
Benjamin Leigh Rundall
Honor Law Group, PLLC
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Feb 22 2022Petition DENIED.
- Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 25 2022Reply of petitioners Brad Martin, et al. filed. (Distributed)
- Jan 11 2022Brief of respondent Carlos Castro in opposition filed.
- Nov 11 2021Brief amicus curiae of National Police Association filed.
- Nov 09 2021Motion to extend the time to file a response from November 12, 2021 to January 11, 2022, submitted to The Clerk.
- Nov 09 2021Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2022.
- Oct 07 2021Petition for a writ of certiorari filed. (Response due November 12, 2021)