No. 18-110

Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV

Lower Court: Eighth Circuit
Docketed: 2018-07-24
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether qualified immunity should be denied where the underlying evidentiary fact is undisputed but different inferences may be drawn from it

Question Presented (OCR Extract)

QUESTION PRESENTED — Continued and numerous other cases by denying qualified immunity notwithstanding the absence of clearly established law imposing liability under circumstances closely analogous to those confronting the officers? 83. Did the Eighth Circuit improperly depart from this Court’s decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. _, 1384 S. Ct. 2012 (2014) in denying qualified immunity based upon the absence of a constitutional violation given that the undisputed facts established that petitioners acted reasonably in responding to the threat of an armed suspect moving towards another officer less than 12 feet away while wildly waving a knife?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Reply of petitioners Andrew Burningham, et al. filed. (Distributed)
2018-11-13
Brief of respondent John Morrison Raines in opposition filed.
2018-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
2018-10-02
Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
2018-09-13
Response Requested. (Due October 15, 2018)
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Brief amicus curiae of International Municipal Lawyers Association filed.
2018-08-21
Waiver of right of respondent John Morrison Raines to respond filed.
2018-07-11
Petition for a writ of certiorari filed. (Response due August 23, 2018)

Attorneys

Andrew Burningham, et al.
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
International Municipal Lawyers Association
Brian Scott Carter — Amicus
Brian Scott Carter — Amicus
John Morrison Raines
Paul J JamesJames, Carter & Priebe, LLP, Respondent
Paul J JamesJames, Carter & Priebe, LLP, Respondent