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James Griffiths, Individually and as Employee of the Cuyahoga Metropolitan Housing Authority v. Rita Keith, Individually and as the Natural Parent of Arthur Keith and as Administrator of the Estate of Arthur Keith, Deceased

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3444 · judgment June 6, 2025


Certiorari denied · June 29, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a police officer must wait until an armed, fleeing suspect turns and points his gun at the officer before using deadly force where, as here, the suspect refuses to comply with an officer’s commands to drop his weapon, and proceeds to flee with the gun in his hand and could, at any moment, turn and fire upon the officer in a split second.

  2. Whether the court of appeals violated existing Supreme Court precedent by merely citing the general rule in defining a clearly established right, and by failing to identify any case where an officer acting under similar circumstances was held to have violated the Fourth Amendment. (i)

Counsel of record

For petitioner
Stephen William Funk
Roetzel & Andress , L.P.A.

For respondent
Samuel Lydell Starks
Starks Law Firm

Case

Conference history
Distributed for 17 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 29 2026
    Petition DENIED.
  2. Jun 22 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. Jun 17 2026
    Rescheduled.
  4. Jun 15 2026
    DISTRIBUTED for Conference of 6/18/2026.
  5. Jun 10 2026
    Rescheduled.
  6. Jun 08 2026
    DISTRIBUTED for Conference of 6/11/2026.
  7. Jun 03 2026
    Rescheduled.
  8. Jun 01 2026
    DISTRIBUTED for Conference of 6/4/2026.
  9. May 27 2026
    Rescheduled.
  10. May 26 2026
    DISTRIBUTED for Conference of 5/28/2026.
  11. May 20 2026
    Rescheduled.
  12. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  13. May 11 2026
    DISTRIBUTED for Conference of 5/14/2026.
  14. May 11 2026
    Rescheduled.
  15. Apr 29 2026
    Rescheduled.
  16. Apr 27 2026
    DISTRIBUTED for Conference of 5/1/2026.
  17. Apr 22 2026
    Rescheduled.
  18. Apr 20 2026
    DISTRIBUTED for Conference of 4/24/2026.
  19. Apr 16 2026
    Rescheduled.
  20. Apr 13 2026
    DISTRIBUTED for Conference of 4/17/2026.
  21. Mar 31 2026
    Rescheduled.
  22. Mar 30 2026
    DISTRIBUTED for Conference of 4/2/2026.
  23. Mar 26 2026
    Rescheduled.
  24. Mar 23 2026
    DISTRIBUTED for Conference of 3/27/2026.
  25. Mar 19 2026
    Rescheduled.
  26. Mar 16 2026
    DISTRIBUTED for Conference of 3/20/2026.
  27. Mar 04 2026
    Rescheduled.
  28. Mar 02 2026
    DISTRIBUTED for Conference of 3/6/2026.
  29. Feb 26 2026
    Rescheduled.
  30. Feb 23 2026
    DISTRIBUTED for Conference of 2/27/2026.
  31. Feb 19 2026
    Rescheduled.
  32. Feb 04 2026
    DISTRIBUTED for Conference of 2/20/2026.
  33. Feb 02 2026
    Reply of petitioner James Griffiths filed. (Distributed)
  34. Jan 21 2026
    Brief of respondent Rita Keith in opposition filed.
  35. Dec 19 2025
    Motion to extend the time to file a response from December 22, 2025 to January 21, 2026, submitted to The Clerk.
  36. Dec 19 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2026.
  37. Nov 20 2025
    Response Requested. (Due December 22, 2025)
  38. Nov 12 2025
    DISTRIBUTED for Conference of 12/5/2025.
  39. Oct 27 2025
    Brief amicus curiae of National Fraternal Order of Police filed.
  40. Sep 24 2025
    Petition for a writ of certiorari filed. (Response due October 27, 2025)