Supreme Court of the United States · Official docket →
Benjamin Benfer v. City of Baytown, Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20543 · judgment November 1, 2024
Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a state or local-government respondent.
Questions presented
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Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed and subdued, and the Fifth Circuit bucks the great weight of authority from other Circuit Courts of Appeals.
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Whether this Court should correct the Fifth Circuit’s departure from this Court and other Circuit Courts of Appeals with respect to allowing a detention and arrest where the officer did not need to make a stop at all in order to investigate the claimed justification of the stop, and the detainee was merely trying to return home.
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Whether this Court should correct the Fifth Circuit’s departure from the other Circuit Courts of Appeals with respect to a City’s lack of adequate training and policies in a known problem area.
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Whether this Court should revisit the propriety of the qualified immunity defense.
Counsel of record
For petitioner
Randall Lee Kallinen
Law Office of Randall L Kallinen PLLC
For respondent
Norman Ray Giles
Lewis Brisbois Bisgaard & Smith, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 03 2025Petition DENIED.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 10 2025Waiver of right of respondent City of Baytown; Barry Calvert to respond filed.
- Jan 30 2025Petition for a writ of certiorari filed. (Response due March 5, 2025)