Supreme Court of the United States · Official docket →
Paul Donald Davis, et al. v. Paul Waller, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-11333 · judgment August 12, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Eleventh Circuit misapplied the test for the constitutional use of deadly force set forth by this Court in Tennessee v. Garner, 471 U.S. 1, 11, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985), when it held that the threat posed by Plaintiff’s captor — a felony suspect, who was forcing Plaintiff to drive at gunpoint so that he could escape police — justified the Defendant officers’ intentional use of deadly force to seize Plaintiff, an innocent hostage who was not suspected of any crime?
Counsel of record
For petitioner
Sidney Leighton Moore III
Troutman Sanders LLP
For respondent
—
Proceedings
- May 01 2023Petition DENIED.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Feb 16 2023Petition for a writ of certiorari filed. (Response due March 24, 2023)
- Jan 05 2023Application (22A595) granted by Justice Thomas extending the time to file until February 16, 2023.
- Dec 30 2022Application (22A595) to extend the time to file a petition for a writ of certiorari from January 16, 2023 to February 16, 2023, submitted to Justice Thomas.