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Vicki Jo Lewis, et vir, Individually and as Co-Personal Representatives of the Estate of Isaiah Mark Lewis, Deceased v. City of Edmond, Oklahoma, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-6081 · judgment September 16, 2022


Certiorari denied · March 27, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–11%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a state or local-government respondent.

Questions presented

  1. Whether this Court should reconsider the judgemade doctrine of qualified immunity.

  2. Whether qualified immunity insulates a law enforcement officer from liability from excessive force claims under 42 U.S.C. § 1983 if there is no factually indistinguishable precedent establishing the unconstitutionality of that officer’s conduct, or whether the law can be “clearly established” by precedent with some factual variation so long as the officer has fair notice that his conduct is unconstitutional.

Counsel of record

For petitioner
Raymond Patrick Tolentino
Howard Univ. School of Law Civil Rights Clinic

For respondent
Kathryn Denise Terry
Phillips Murrah, PC

Case

Conference history
Distributed for 1 conference

Linked docket
22A508

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  3. Mar 06 2023
    Reply of petitioners Vicki Jo Lewis, et al. filed. (Distributed)
  4. Feb 21 2023
    Brief of respondent Denton Scherman in opposition filed.
  5. Jan 17 2023
    Petition for a writ of certiorari filed. (Response due February 21, 2023)
  6. Jan 06 2023
    Application (22A508) denied by Justice Gorsuch.
  7. Dec 30 2022
    Application (22A508) to extend further the time from January 14, 2023 to February 13, 2023, submitted to Justice Gorsuch.
  8. Dec 08 2022
    Application (22A508) granted by Justice Gorsuch extending the time to file until January 14, 2023.
  9. Dec 02 2022
    Application (22A508) to extend the time to file a petition for a writ of certiorari from December 15, 2022 to February 13, 2023, submitted to Justice Gorsuch.