No. 20-1324

Charles McManemy v. Bruce Tierney, et al.

Lower Court: Eighth Circuit
Docketed: 2021-03-23
Status: Dismissed
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-procedure civil-rights clearly-established-law due-process eighth-circuit excessive-force fourth-amendment law-enforcement-conduct qualified-immunity standing
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Is the test for clearly established law being properly applied within the Eighth Circuit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. A split exists within the Eighth Circuit concerning how narrowly or broadly existing precedent is to be applied in finding clearly established law for qualified immunity purposes. This split is causing disparate results based on the makeup of randomly assigned panels. As justice cannot hinge on a randomly assigned panel, is the test for clearly established law being properly applied within the Eighth Circuit? II. When the proper standard is applied, is it clearly established that an officer repeatedly striking a prone, non-resisting suspect — who is physically restrained by four other officers — in the face for 40 seconds constitutes excessive force under the Fourth Amendment?

Docket Entries

2021-09-23
Petition Dismissed - Rule 46.
2021-08-16
Motion to dismiss pursuant Rule 46 filed.
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-10
Brief of respondents Bruce Tierney, et al. in opposition filed.
2021-05-14
Response Requested. (Due June 14, 2021)
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-03-30
Waiver of right of respondents Kirk Dolleslager, Rick Penning and Grundy County, Iowa to respond filed.
2021-03-17
Petition for a writ of certiorari filed. (Response due April 22, 2021)

Attorneys

Bruce Tierney, et al.
Matthew J. HaindfieldBradshaw, Fowler, Proctor, Respondent
Jason C. PalmerBradshaw Fowler Proctor & Fairgrave, P.C., Respondent
Charles McManemy
Adam Clifford WitoskyGribble Boles Stewart & Witosky, Petitioner
Kirk Dolleslager, Rick Penning and Grundy County, Iowa
David E. SchrockScheldrup Blades Schrock Smith, PC, Respondent