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City of Los Angeles, California, et al. v. M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55415 · judgment July 17, 2023


Dismissed · October 18, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and counsel who has filed here before.

Question presented

In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court’s obligation to view the evidence in the light most favorable to the plaintiff allow that court to ignore undisputed clear video evidence which, if considered, would require the court to draw the inference that the force used by the defendants was not excessive, and the further inference that the unlawfulness of the defendants’ conduct was not clearly established?

Counsel of record

For petitioner
Scott William Davenport
Jones Mayer

For respondent
Dale K. Galipo
Law Offices of Dale K. Galipo

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 18 2024
    Petition Dismissed - Rule 46.
  2. Oct 16 2024
    Joint stipulation to dismiss the petition pursuant to Rule 46.1 filed.
  3. Oct 15 2024
    Letter from counsel for petitioners submitted.
  4. May 13 2024
    Motion of petitioners to hold petition in abeyance GRANTED.
  5. Apr 23 2024
    DISTRIBUTED for Conference of 5/9/2024.
  6. Apr 23 2024
    Motion to hold petition abeyance filed by petitioners. (Distributed)
  7. Apr 08 2024
    Brief of respondents M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. in opposition filed.
  8. Mar 05 2024
    Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2024.
  9. Feb 29 2024
    Motion to extend the time to file a response from March 14, 2024 to April 11, 2024, submitted to The Clerk.
  10. Feb 13 2024
    Response Requested. (Due March 14, 2024)
  11. Feb 07 2024
    DISTRIBUTED for Conference of 2/23/2024.
  12. Jan 22 2024
    Waiver of right of respondent M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. to respond filed.
  13. Dec 22 2023
    Petition for a writ of certiorari filed. (Response due January 26, 2024)