Supreme Court of the United States · Official docket →
Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15480 · judgment July 30, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In March 2019, the Petitioner police officers responded to a call from Roy Anthony Scott, a paranoid schizophrenic individual who was hallucinating about armed, would-be intruders outside his apartment. Scott also had methamphetamine in his system. During the encounter that followed, which was captured by the officers’ body-worn cameras, Scott produced two weapons—a metal pipe and a knife—but refused to submit to a patdown and refused other police instructions. The officers attempted to handcuff Scott for their safety. They used bodyweight pressure to restrain Scott for no longer than 95 seconds and immediately moved him to the recovery position once handcuffing was complete. Scott was conscious and speaking throughout that process and did not show signs of respiratory distress. Several minutes later, Scott experienced medical distress and after a medical transport, he was pronounced dead. The Ninth Circuit denied the officers qualified immunity. The questions presented are:
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Viewing the facts from the officers’ perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressure to restrain a potentially armed and actively resisting individual only until handcuffing could be accomplished?
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Did the panel err in denying qualified immunity where no case clearly established that prehandcuffing bodyweight pressure violates the Fourth Amendment?
Counsel of record
For petitioner
Megan Marie Wold
Cooper & Kirk, PLLC
For respondent
Peter Goldstein
Peter Goldstein Law Corporation
Proceedings
- May 22 2026Judgment Issued.
- Apr 20 2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Zorn v. Linton, 607 U. S. ___ (2026) (per curiam). Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the petition for a writ of certiorari.
- Apr 13 2026DISTRIBUTED for Conference of 4/17/2026.
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- Oct 14 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 24 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 18 2025Record received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk.
- Sep 18 2025Record received from the United States District Court of the District of Nevada. The record is electronic and is available on PACER.
- Sep 03 2025Record Requested.
- Aug 29 2025Reply of petitioners Kyle Smith, et al. filed. (Distributed)
- Aug 27 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 12 2025Brief of respondents Rochelle Scott, et al. in opposition filed.
- May 20 2025Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2025.
- May 19 2025Motion to extend the time to file a response from June 13, 2025 to August 12, 2025, submitted to The Clerk.
- May 14 2025Response Requested. (Due June 13, 2025)
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 09 2025Brief amici curiae of National Police Association, et al. filed. (Distributed)
- May 06 2025Waiver of right of respondent Rochelle Scott, et al. to respond filed.
- Apr 18 2025Petition for a writ of certiorari filed. (Response due May 22, 2025)
- Feb 02 2025Application (24A752) granted by Justice Kagan extending the time to file until April 18, 2025.
- Jan 29 2025Application (24A752) to extend the time to file a petition for a writ of certiorari from February 17, 2025 to April 18, 2025, submitted to Justice Kagan.