No. 18-724

City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al.

Lower Court: Ninth Circuit
Docketed: 2018-12-06
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure civil-rights due-process interlocutory-appeal ninth-circuit qualified-immunity summary-judgment waiver-and-forfeiture
Key Terms:
AdministrativeLaw DueProcess FourthAmendment CriminalProcedure
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the Ninth Circuit Panel's refusal to hear these petitioning police officers' interlocutory appeal on their claim of qualified immunity deny them the appellate remedy to which they are entitled under the decisions of this Court and does this refusal constitute a denial of due process?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Does the Ninth Circuit Panel’s refusal to hear these petitioning police officers’ interlocutory appeal on their claim of qualified immunity deny them the appellate remedy to which they are entitled under the decisions of this Court and does this refusal constitute a denial of due process? 2. Is the Panel’s inexplicable, arbitrary resort to waiver and forfeiture to deny jurisdiction to hear this interlocutory appeal at odds with its duty to carry out a de novo review of the summary judgment record, causing a jurisdictional ambush which without notice unfairly denies petitioners their right to a timely review of their claim of qualified immunity?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-04
Waiver of right of respondents Dana Maddox, on behalf of Minor Children D.M. and D.M., and Raymond Foster, on behalf of Minor Child H.F. to respond filed.
2019-01-02
Waiver of right of respondent Shane Riley to respond filed.
2018-11-27
Petition for a writ of certiorari filed. (Response due January 7, 2019)

Attorneys

city of sandpoint, et al.
Jennifer Hughes FegertLake City Law Group PLLC, Petitioner
Jennifer Hughes FegertLake City Law Group PLLC, Petitioner
Dana Maddox, on behalf of Minor Children D.M. and D.M. and Raymond Foster, on behalf of Minor Child H.F.
April Marie LinscottOwens, McCrea & Linscott, PLLC, Respondent
April Marie LinscottOwens, McCrea & Linscott, PLLC, Respondent
Shane Riley
Drew D. DaltonFord & Dalton, P.S., Respondent
Drew D. DaltonFord & Dalton, P.S., Respondent