No. 18-825

Peggy Shumpert, Individually and as Administrator of the Estate of Antwun Shumpert, Sr., et al. v. City of Tupelo, Mississippi, et al.

Lower Court: Fifth Circuit
Docketed: 2019-01-02
Status: Denied
Type: Paid
Response Waived
Tags: canine-force civil-procedure civil-rights constitutional-rights deadly-force due-process federal-appeals-conflict police-misconduct qualified-immunity state-created-danger use-of-force whether-the-court-of-appeals-erred-in-concluding-t whether-the-court-of-appeals-erred-in-finding-that
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the state-created danger doctrine is clearly established law

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether the Court of Appeals erred in finding that the state-created danger doctrine is not clearly established law and in failing to apply it, when there is a conflict between the United States Courts of Appeals on the applicability of this doctrine, and, if the Court of Appeals had applied this doctrine, its judgment would likely have been for the Petitioners. I. Whether the Court of Appeals erred in concluding that Respondent Officer Tyler Cook’s use of canine and deadly force against the decedent did not violate clearly established law for purposes of qualified immunity, when such decision conflicts with relevant decisions of the Supreme Court and other federal courts on the use of such force. ii LIST OF ALL PARTIES The caption of this Petition contains the names of all the

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondents City of Tupelo Mississippi and Tyler Cook to respond filed.
2018-12-21
Petition for a writ of certiorari filed. (Response due February 1, 2019)

Attorneys

City of Tupelo Mississippi and Tyler Cook
John Samuel HillMitchell, McNutt, & Sams, P.A., Respondent
Peggy Shumpert, et al.
Carlos Eugene MooreTucker Moore Group, LLP, Petitioner