Supreme Court of the United States · Official docket →
Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20544 · judgment October 12, 2022
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Question presented
After initially running from the police, a young man complied with an officer’s order to surrender by halting and raising his hands. The officer nevertheless tased the man. The tasing caused the man’s head to slam onto pavement and led to a traumatic brain injury. After officers subdued the man, the officer cycled the taser and tased him again. In this 42 U.S.C. § 1983 action, brought by the victim’s grandmother, the Fifth Circuit held that the officer did not violate clearly established law because an individual cannot lead police on a chase “and then turn around, appear to surrender and receive the same Fourth Amendment protection” he would have received “in the first place.” The question presented is: Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer’s order to stop and raises his hands in surrender? (i)
Counsel of record
For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP
For respondent
Laura Jean Beckman
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 06 2023Reply of petitioner Jean Henderson, as next friend and guardian of Christopher Henderson filed. (Distributed)
- May 31 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 24 2023Brief of respondent Arthur Simon Garduno in opposition filed.
- Apr 19 2023Waiver of right of respondent Harris County to respond filed.
- Apr 18 2023Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023, for all respondents.
- Apr 17 2023Motion of respondent Arthur Simon Garduno to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk.
- Mar 22 2023Waiver of Response to Petition for Writ of Certiorari of Harris County, Texas, et al. not accepted for filing. (April 04, 2023)
- Mar 22 2023Petition for a writ of certiorari filed. (Response due April 24, 2023)
- Feb 07 2023Application (22A707) granted by Justice Alito extending the time to file until March 22, 2023.
- Feb 02 2023Application (22A707) to extend the time to file a petition for a writ of certiorari from March 2, 2023 to May 1, 2023, submitted to Justice Alito.