No. 19-7790

Brenda Mason, Individually and on Behalf of Quamaine Dwayne Mason, et vir v. Martin Faul

Lower Court: Fifth Circuit
Docketed: 2020-02-26
Status: Denied
Type: IFP
Relisted (6)IFP
Tags: civil-procedure civil-rights constitutional-rights due-process excessive-force fifth-circuit objective-reasonableness police-misconduct qualified-immunity standing use-of-force
Key Terms:
SocialSecurity
Latest Conference: 2020-06-11 (distributed 6 times)
Question Presented (AI Summary)

Whether a finding of 'objectively unreasonable excessive force' can be squared with a finding of qualified immunity

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case involves the use of excessive force by a police officer that was determined by a jury to be “objectively unreasonable” but nonetheless resulted in a finding that the officer was entitled to qualified immunity. The questions presented are whether a finding of “objectively unreasonable excessive force” can be squared with a finding of qualified immunity under the facts and circumstances of this case, including whether determinations of the trial court, as affirmed by the Fifth Circuit, resulted in an incorrect analysis of the qualified immunity issue, and whether the Fifth Circuit’s determination can be reconciled with other courts. ii PARTIES AND AFFILIATES BRENDA MASON, Individually and on behalf of Quamaine Dwayne Mason: BILLY C. MASON, Individually and on behalf of Quamaine Dwayne Mason, LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT; JAMES P. CRAFT, In His Official Capacity as Chief of Police: MARTIN FAUL, Individually and in His Official Capacity, * Mason, et al v. Lafayette, et al, No. 14-30021, U.S. Court Of Appeals For . The Fifth Circuit. Judgment entered Nov. 10, 2015. ¢ Mason, et al, v. Faul, et al, No. 18°30362, U.S. Court Of Appeals For The Fifth Circuit. Judgment entered July 17, 2019. ¢ Brenda Mason, et al, v. Martin Faul, et al, No. 12-2939, U.S. District Court Western District Of Louisiana. Judgment entered March 16, 2018. ¢ Brenda Mason, et al, v. Martin Faul, No. 12-2989, U.S. District Court Western District of Louisiana. Judgment entered March 8, 2014. ¢ Brenda Mason, et al, v. Martin Faul, No. 6:12-CV-2939, U.S. District Court Western District of Louisiana. Judgment entered May 2, 2017. ¢ Brenda Mason, et al, v. Martin Faul, No. 12-2989, U.S. District Court Western District of Louisiana. Judgment entered June 15, 2017. . © Brenda Mason, et al, v. Martin Faul, 6:12-CV-2939, U.S. District Court ’ Western District of Louisiana. Judgment entered March 31, 2017. ¢ Mason, et al v. Lafayette, et al, No. 18-30362, United States Court Of Appeals For The Fifth Circuit. Judgment entered July 17, 2019.

Docket Entries

2020-06-15
Petition DENIED.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-13
Rescheduled.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-20
Rescheduled.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-26
Brief of respondent Martin Faul in opposition filed.
2019-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2020)
2019-10-11
Application (19A401) granted by Justice Alito extending the time to file until November 14, 2019.
2019-10-04
Application (19A401) to extend the time to file a petition for a writ of certiorari from October 15, 2019 to November 29, 2019, submitted to Justice Alito.

Attorneys

Brenda Mason, et vir
Jeffery Ferral SpeerDoucet Speer, APLC, Petitioner
Jeffery Ferral SpeerDoucet Speer, APLC, Petitioner
Brenda Mason — Petitioner
Brenda Mason — Petitioner
Martin Faul
Joy Cantrelle RabalaisBorne, Wilkes and Rabalais, LLC, Respondent
Joy Cantrelle RabalaisBorne, Wilkes and Rabalais, LLC, Respondent