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Walid Abdelaziz, in His Individual Capacity as a Police Officer for the City of Oakland, California, et al. v. Estate of Decedent Lolomania Soakai, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-4466 · judgment May 16, 2025


Certiorari denied · March 2, 2026
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether bystanders injured when a fleeing criminal suspect lost control of his car and crashed into them have a Fourteenth Amendment substantive due process claim against the pursuing police officers for accidental injuries the officers did not intend.

  2. Whether the Ninth Circuit’s statecreated danger doctrine – which this Court has never approved – conflicts with cornerstone principles of substantive due process by (a) creating an affirmative State duty to provide emergency aid to persons injured by private conduct; and (b) allowing a substantive due process claim absent abuse of State authority or intent to harm.

Counsel of record

For petitioner
Richard William Osman
Bertrand, Fox, Elliot, Osman & Wenzel

For respondent
Patrick Matthew Buelna
Pointer & Buelna, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 02 2026
    Petition DENIED.
  2. Feb 23 2026
    DISTRIBUTED for Conference of 2/27/2026.
  3. Feb 19 2026
    Rescheduled.
  4. Jan 21 2026
    DISTRIBUTED for Conference of 2/20/2026.
  5. Jan 15 2026
    Reply of petitioners Walid Abdelaziz, et al. filed.
  6. Jan 05 2026
    Brief of respondents Estate of Decedent Lolomania Soakai, et al. in opposition filed.
  7. Dec 04 2025
    Response Requested. (Due January 5, 2026)
  8. Nov 25 2025
    DISTRIBUTED for Conference of 12/12/2025.
  9. Nov 05 2025
    Brief amicus curiae of California Association of Joint Powers Authorities filed.
  10. Oct 06 2025
    Petition for a writ of certiorari filed. (Response due November 7, 2025)