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Kyle Cardenas v. Josiah Saladen, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15632 · judgment March 2, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a Ninth Circuit decision below.
Question presented
Regularizing qualified immunity. In 42 U.S.C. § 1983 excessive-force and unlawful-arrest litigation, should this Court regularize the process for using the qualified-immunity defense by adopting this two-step analysis: First, did the police officer’s conduct violate clearly established precedent? Second, if not, was it an “obvious case” where it can be regarded as clearly established that a constitutional violation has occurred even without a body of relevant case law? See Estate of Aguirre v. County of Riverside, 29 F.4th 624, 629 (9th Cir. 2022), cert. denied, 143 S.Ct. 426 (2022) (quoting Rivas-Villegas v. Cortesluna, 142 S.Ct. 4, 8 (2021)). Would the public benefit by having this Court impose a consistent two-step analysis that maintains the defense of qualified immunity while allowing flexibility to deny qualified immunity in cases where it should have been obvious to any reasonable police officer that the conduct the police officer undertook violated the Fourth Amendment to the United States Constitution, even without clearly established precedent precisely fitting the unique facts of a particular case?
Counsel of record
For petitioner
David Lawrence Abney
Ahwatukee Legal Office, P.C.
For respondent
Robert Grasso Jr.
Grasso Law Firm, P.C.
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 2, 2023 · Certiorari denied
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 02 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 27 2023Waiver of right of respondent Josiah Saladen, et al. to respond filed.
- Jul 10 2023Petition for a writ of certiorari filed. (Response due August 11, 2023)