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Officer Matthew Gregory, et al. v. Elise Brown

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56357 · judgment February 7, 2023

Certiorari denied · December 11, 2023
Pre-decision estimate: 9% cert probability (95% interval 7%–12%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. A unanimous Ninth Circuit panel upheld qualified immunity for two police officers who followed department policies and training when they ordered the driver of a suspected stolen vehicle to exit, to show her waistband, and then to walk backwards towards them. However, the panel majority denied qualified immunity for having the driver kneel for no more than twenty seconds, placing her in handcuffs, and then escorting her behind the line of police vehicles—even though these actions also were consistent with department policies and training. Was the law clearly established at the time of the incident that following department policies and training under similar circumstances would result in individual officer liability?

  2. The panel majority denied qualified immunity based upon facts not known to the officers at the time of the incident, finding that the driver “posed no threat” before concluding the law was clearly established that no force could be used on someone who “posed no threat.” Did the panel majority err by using facts not known to the officers at the time, and then applying the clearly established prong at too high a level of generality?

Counsel of record

For petitioner
Glen Edward Tucker
Aleshire & Wynder, LLP

For respondent
Raymond Patrick Tolentino
Howard University School of Law Civil Rights Clini

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Oct 27 2023
    Brief of respondent Elise Brown in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Oct 02 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including October 27, 2023.
  7. Sep 29 2023
    Motion to extend the time to file a response from October 10, 2023 to October 27, 2023, submitted to The Clerk.
    Main Document
  8. Sep 19 2023
    Motion to extend the time to file a response is granted in part and the time is extended to and including October 10, 2023.
  9. Sep 19 2023
    Response to motion from petitioner Officer Matthew Gregory, et al. submitted.
    Main Document
  10. Sep 15 2023
    Motion to extend the time to file a response from September 27, 2023 to October 27, 2023, submitted to The Clerk.
    Main Document
  11. Aug 22 2023
    Motion to extend the time to file a response from August 28, 2023 to September 27, 2023, submitted to The Clerk.
    Main Document
  12. Aug 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2023 (30-day extension).
  13. Jul 28 2023
    Response Requested. (Due August 28, 2023)
  14. Jun 28 2023
    DISTRIBUTED for Conference of 9/26/2023.
  15. May 08 2023
    Petition for a writ of certiorari filed. (Response due June 12, 2023)
    PetitionAppendixCertificate of Word CountProof of Service