No. 18-6908

Livingston Manners v. Ronald Cannella, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
IFP
Tags: 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop
Key Terms:
AdministrativeLaw SocialSecurity FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop

Question Presented (from Petition)

QUESTION(S) PRESENTED Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop — a traffic stop without either probable cause to believe that a traffic violation has occurred or justified by specific articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct ~ where the officer’s activation of his emergency lights led to the purported crime of fleeing and eluding said illegal traffic stop in violation of Florida Statutes § 316.1935? The purported crime of fleeing and eluding in violation of Florida Statutes § 316.1935 is what gave the arresting officer arguable and actual probable cause for the civilian’s arrest, entitling the arresting officer to qualified immunity. Can a civilian defend himself from a law enforcement officer’s excessive use of force during an arrest in violation of 42 U.S.C. § 1983? i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-06
Brief of respondent City of Hollywood in opposition filed.
2019-03-06
Brief of respondents Ronald Cannella, et al. in opposition filed.
2019-03-06
Affidavit of Service filed with respect to brief in opposition of respondents Ronald Cannella, et al.
2019-03-06
Certificate of Word Count Compliance filed with respect to brief in opposition of respondents Ronald Cannella, et al.
2019-01-29
Motion to extend the time to file a response is granted and the time is further extended to and including March 6, 2019, for all respondents.
2019-01-25
Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
2018-12-21
The motions to extend the time to file responses are granted and the time is extended to and including February 4, 2019, for all respondents. See Rule 30.1. (Updated December 27, 2018)
2018-12-18
Motion to extend the time to file a response from January 3, 2019 to February 2, 2019, submitted to The Clerk.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)

Attorneys

City of Hollywood
Laura Keats WendellWeiss Serota Helfman Cole Bierman & Popok, P.L., Respondent
Laura Keats WendellWeiss Serota Helfman Cole Bierman & Popok, P.L., Respondent
Livingston Manners
Livingston Manners — Petitioner
Livingston Manners — Petitioner
Ronald Cannella, et al.
Geoffrey B. MarksBillbrough & Marks , P.A., Respondent
Geoffrey B. MarksBillbrough & Marks , P.A., Respondent