No. 19-682

Melanie Kelsay v. Matt Ernst

Lower Court: Eighth Circuit
Docketed: 2019-11-26
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: circuit-split civil-rights due-process excessive-force fourth-amendment non-compliance police-misconduct qualified-immunity use-of-force
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Are police officers entitled to qualified immunity as a matter of law even if they use substantial force against non-threatening suspected misdemeanants who are neither fleeing, nor resisting arrest, nor posing a safety risk to anyone, so long as no prior case involves a virtually identical fact pattern?

Question Presented (OCR Extract)

question presented is: Are police officers entitled to qualified immunity as a matter of law—even if they use substantial force against non-threatening suspected misdemeanants who are neither fleeing, nor resisting arrest, nor posing a safety risk to anyone—so long as no prior case involves a virtually identical fact pattern?

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-06-12
2020-05-18
Petition DENIED.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-20
Reply of petitioner Melanie Kelsay filed.
2020-03-25
Motion to delay distribution of the petition for a writ certiorari until April 28, 2020, granted.
2020-03-24
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 1, 2020 to April 28, 2020, submitted to The Clerk.
2020-03-13
Brief of respondent Matt Ernst in opposition filed.
2020-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2020.
2020-02-04
Motion to extend the time to file a response from February 12, 2020 to March 13, 2020, submitted to The Clerk.
2020-01-13
Response Requested. (Due February 12, 2020)
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-23
Waiver of right of respondent Matt Ernst to respond filed.
2019-12-23
Brief amicus curiae of Cato Institute filed.
2019-11-26
Petition for a writ of certiorari filed. (Response due December 26, 2019)
2019-10-30
Application (19A473) to extend the time to file a petition for a writ of certiorari from November 11, 2019 to December 11, 2019, submitted to Justice Gorsuch.
2019-10-30
Application (19A473) granted by Justice Gorsuch extending the time to file until December 11, 2019.

Attorneys

Cato Institute
Jay Remington SchweikertThe Cato Institute, Amicus
Jay Remington SchweikertThe Cato Institute, Amicus
Matt Ernst
Brandy Rae JohnsonGovernmental Law, LLC, Respondent
Brandy Rae JohnsonGovernmental Law, LLC, Respondent
Melanie Kelsay
David Michael ShapiroRoderick & Solange MacArthur Justice Center, Petitioner
David Michael ShapiroRoderick & Solange MacArthur Justice Center, Petitioner