No. 19-1001

Noble Cooper, et al. v. Officer Oliver Flaig, et al.

Lower Court: Fifth Circuit
Docketed: 2020-02-10
Status: Denied
Type: Paid
Response WaivedRelisted (7)
Tags: civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-accountability qualified-immunity
Key Terms:
SocialSecurity CriminalProcedure
Latest Conference: 2020-06-18 (distributed 7 times)
Question Presented (AI Summary)

Should the Court eliminate or significantly revise the judicially created doctrine of qualified immunity to protect the people's core constitutional rights and assure accountability of the people's public officials?

Question Presented (OCR Extract)

QUESTION PRESENTED Norman Cooper, a 33-year-old black father, was killed in his parents’ home by officers Flaig and Sanchez after they tased him nine times in a threeminute period. Norman was experiencing an acute mental health episode and under the influence of drugs but was unarmed, respectful, and never attempted to make physical contact with anyone. Norman’s wife and family filed this suit for violations of his constitutional rights resulting in his death. The district court denied the officers’ qualified immunity as to the excessive force claims and set the case for trial. The officers then filed an interlocutory appeal with the Fifth Circuit. The Fifth Circuit reversed and rendered determining that the petitioners could not show that the law was so clear that no reasonable officer would have used the same extreme force. Qualified immunity often leads to confounding decisions that defy our most basic notions of justice. There is no accountability. The people’s fundamental rights are eroded. Like Norman Cooper, too many lives have been unnecessarily lost. The question presented is: Should the Court eliminate or significantly revise the judicially created doctrine of qualified immunity to protect the people’s core constitutional rights and assure accountability of the people’s public officials?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-15
DISTRIBUTED for Conference of 6/18/2020.
2020-06-09
Rescheduled.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-02
Rescheduled.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-26
Rescheduled.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-21
Rescheduled.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-12
Rescheduled.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-07
Rescheduled.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-11
Waiver of right of respondents Oliver Flaig, et al. to respond filed.
2020-02-05
Petition for a writ of certiorari filed. (Response due March 11, 2020)
2019-12-30
Application (19A725) granted by Justice Alito extending the time to file until February 5, 2020.
2019-12-26
Application (19A725) to extend the time to file a petition for a writ of certiorari from January 6, 2020 to February 21, 2020, submitted to Justice Alito.

Attorneys

Noble Cooper, et al.
Edward L. PinaEdward L. Pina & Associates, P.C., Petitioner
Oliver Flaig, et al.
Nathan Mark RallsHoblit Darling Ralls Hernandez & Hudlow, LLP, Respondent