Calisia Kelley and Johnnie Mae Kelley, Co-Administrators of the Estate of Bruce Kelley, Jr. v. Brian O'Malley and Dominic Rivotti, in Their Individual Capacities as Police Officers for the Allegheny County Port Authority

I. In this deadly force case, the Third Circuit removed altogether from its definition of the ‘specific factual context’ of this case the Autopsy Report findings that the Officers shot Petitioners’ deceased twice in the back - which the Officers explicitly deny doing. The Third Circuit compounded the above error by sanctioning the District Court’s making of the identical error. Do these errors violate this Court’s directive in Tolan vs. Cotton, 572 U.S. 650, 657 (2014) that “Courts must take care not to define a case’s context in a manner that imports genuinely disputed factual propositions.” Tolan vs. Cotton, at 657. and warrant the granting of this Court’s supervisory authority? II. Did the Third Circuit eliminate in the decision under review the lynchpin requirement of Graham vs. Connor, 490 U.S. 386 (1989) that to justify the use of deadly force, there must exist a significant and immediate threat of death or serious bodily injury to the officer(s) or another human being?