No. 19-1085

Shannon Deasey, et al. v. Daniella Slater, et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-04
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: 7th-circuit 9th-circuit civil-rights clearly-established clearly-established-law closely-analogous constitutional-rights due-process legal-precedent ninth-circuit qualified-immunity seventh-circuit sufficiently-analogous
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2020-10-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a 'sufficiently analogous' case is enough to show that the law is 'clearly established' for purposes of qualified immunity, or if something more is required, i.e., a 'closely analogous' case finding the alleged violation unlawful

Question Presented (OCR Extract)

QUESTION PRESENTED As this Court recently explained in District of Columbia v. Wesby, 138 S. Ct. 577, 589-590, 199 L.Ed.2d 453 (2018), “[u]nder our precedents, officers are entitled to qualified immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’ ... [{]] To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent. [{] The ‘clearly established’ standard also requires that the legal principle clearly prohibit the officer’s conduct in the particular circumstances before him. The rule’s contours must be so well defined that it is ‘clear to a reasonable officer that his conduct was unlawful in the situation he confronted.’ This requires a high ‘degree of specificity.’” (Citations omitted.) The Ninth Circuit holds that the law is “clearly established” if there is a “sufficiently analogous” case to the one before the Court, and it applied that standard to the present case in determining that the district court erred in finding that Petitioners were entitled to qualified immunity. In contrast, the Seventh Circuit requires more, that there be a “closely analogous case,” a position explicitly rejected by the Ninth Circuit. This petition presents the question whether, for purposes of qualified immunity, a merely “sufficiently analogous” case is enough to show that the law is “clearly established”, or if something more is required, i.e., a “closely analogous” case finding the alleged violation unlawful?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-16
DISTRIBUTED for Conference of 10/9/2020.
2020-09-14
Reply of petitioners Deputy Shannon Deasey, Deputy Peter Gentry, Deputy Gary Brandt, Sgt. Mike Rude, and County of San Bernardino filed. (Distributed)
2020-08-28
Brief of respondents Daniella Slater, et al. in opposition filed.
2020-07-22
Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2020.
2020-07-21
Motion to extend the time to file a response from July 29, 2020 to August 28, 2020, submitted to The Clerk.
2020-06-26
Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2020.
2020-06-25
Motion to extend the time to file a response from June 29, 2020 to July 29, 2020, submitted to The Clerk.
2020-05-21
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
2020-05-20
Motion to extend the time to file a response from May 29, 2020 to June 29, 2020, submitted to The Clerk.
2020-04-29
Response Requested. (Due May 29, 2020)
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-02
Petition for a writ of certiorari filed. (Response due April 3, 2020)

Attorneys

Daniella Slater, et al.
Paul Whitfield HughesMcDermott Will & Emery, Respondent
Dale K. GalipoLaw Offices of Dale K. Galipo, Respondent
Deputy Shannon Deasey, Deputy Peter Gentry, Deputy Gary Brandt, Sgt. Mike Rude, and County of San Bernardino
Kevin Harold LouthManning & Kass Ellrod Ramirez Trester LLP, Petitioner