No. 19-466

Zachery Pittman v. Herman Harris

Lower Court: Fourth Circuit
Docketed: 2019-10-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: 42-usc-1983 4th-amendment circuit-split civil-rights clearly-established excessive-force fourth-amendment qualified-immunity scott-v-harris section-1983 summary-judgment use-of-force
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2020-03-06 (distributed 3 times)
Question Presented (AI Summary)

Whether the Fourth Circuit erred in deviating from other circuit holdings and announcing that Scott v. Harris directs the lower courts to examine whether a self-serving narrative is contradicted by individual pieces of the record, as opposed to the entire record, to discern if a genuine dispute of material fact exists

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether in Scott v. Harris, 550 U.S. 372 (2007) this Court announced an “exception” to the summary judgment standard in cases commenced under 42 U.S.C. § 1983, and if not, whether the Fourth Circuit erred when it deviated from other circuit holdings and announced that Scott directs the lower courts to examine whether a_ self-serving narrative is contradicted by individual pieces of the record, as opposed to the entire record, to discern if a genuine dispute of material fact exists. 2. Whether Respondent “clearly established” his right to be free from excess foree when Respondent assaulted Petitioner in a wooded area, attempted to murder Petitioner with his service weapon, and presented a lethal threat until Petitioner fired in rapid succession.

Docket Entries

2020-03-09
Petition DENIED. Justice Alito would grant the petition for a writ of certiorari.
2020-03-02
DISTRIBUTED for Conference of 3/6/2020.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Reply of petitioner Zachery Pittman filed.
2020-02-03
Brief of respondent Herman Harris in opposition filed.
2019-12-09
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-06
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
2019-12-03
Response Requested. (Due January 2, 2020)
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-08
Waiver of right of respondent Herman Harris to respond filed.
2019-10-07
Petition for a writ of certiorari filed. (Response due November 8, 2019)

Attorneys

Herman Harris
Kevin Franz KingCovington & Burling LLP, Respondent
Kevin Franz KingCovington & Burling LLP, Respondent
Rafael ReyneriConvington & Burling, LLP, Respondent
Rafael ReyneriConvington & Burling, LLP, Respondent
Zachery Pittman
Donald Brandon ChristianNCLEAG, PLLC, Petitioner
Donald Brandon ChristianNCLEAG, PLLC, Petitioner