Supreme Court of the United States · Official docket →
Jared Cosper, in His Individual Capacity, et al. v. Perla Enriquez Baca, as Personal Representative of Amelia Baca, Deceased
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-2159 · judgment February 24, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Tenth Circuit may establish a bright line rule for an officer’s use of deadly force against a suspect armed with an edged weapon as in Tenorio v. Pitzer, 802 F.3d 1160 (10th Cir. 2015), in place of the “totality of the circumstances” analysis endorsed by this Court?
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In excessive force claims involving a suspect armed with an edged weapon, does the Tenth Circuit’s bright line Tenorio rule provide the proper test or does the “totality of the circumstances” test govern this case, as three other circuits have held?
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Given that the facts of Tenorio stand in stark contrast to those of this case, does Tenorio provide the clearly established case law which abrogates Officer Cosper’s qualified immunity defense?
Counsel of record
For petitioner
Luis Robles
Robles, Rael & Anaya, P.C.
For respondent
Richard Eric Loman
Jackson Loman Downey & Stevens-Block. P.C.
Case
Conference history
Distributed for 2 conferences
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 08 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 03 2025Reply of petitioners Jared Cosper, et al. filed.
- Sep 22 2025Brief of respondent Perla Enriquez Baca in opposition filed.
- Aug 21 2025Response Requested. (Due September 22, 2025)
- Jul 02 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 23 2025Waiver of right of respondent Perla Enriquez Baca to respond filed.
- May 27 2025Petition for a writ of certiorari filed. (Response due June 30, 2025)