No. 20-1461

Jairo Acosta, Police Officer for the City of Los Banos v. Tan Lam, as Successor-in-Interest to Decedent Sonny Lam, aka Son Tung Lam

Lower Court: Ninth Circuit
Docketed: 2021-04-19
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights due-process evidence officer-credibility plain-error police-use-of-force ptsd ptsd-evidence qualified-immunity reasonable-officer threat-assessment use-of-force
Key Terms:
SocialSecurity FourthAmendment DueProcess
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Is it plain error to admit evidence of a police officer's remote PTSD diagnosis to challenge the officer's credibility and prove he was more likely to have acted unreasonably in his use of force where there is no evidence the officer suffered from or experienced any symptoms of PTSD at the time of the incident?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it plain error to admit evidence of a police officer’s remote PTSD diagnosis to challenge the officer’s credibility and prove he was more likely to have acted unreasonably in his use of force where there is no evidence the officer suffered from or experienced any symptoms of PTSD at the time of the incident? 2. If a suspect has stabbed an officer, been shot and wounded by the officer, dropped his weapon and continued to advance on the officer in a confined and unfamiliar space, all within a matter of seconds, does clearly established law put every reasonable officer on notice that the suspect no longer poses an immediate threat and prohibit the officer from firing a second shot to subdue the suspect?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Reply of petitioner Jairo Acosta, Police Officer for the City of Los Banos filed. (Distributed)
2021-08-02
Brief of respondent Tan Lam, as Successor-in-Interest to decedent Sonny Lam (aka Son Tung Lam) in opposition filed.
2021-05-21
Motion to extend the time to file a response is granted in part and the time is extended to and including August 2, 2021.
2021-05-20
Motion to extend the time to file a response from June 17, 2021 to August 16, 2021, submitted to The Clerk.
2021-05-18
Response Requested. (Due June 17, 2021)
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-03
Waiver of right of respondent Tan Lam, as Successor-in-Interest to decedent Sonny Lam (aka Son Tung Lam) to respond filed.
2021-04-15
Petition for a writ of certiorari filed. (Response due May 19, 2021)

Attorneys

Jairo Acosta, Police Officer for the City of Los Banos
Suzanne Michelle NicholsonSuzanne M. Nicholson Attorney at Law, Petitioner
Tan Lam, as Successor-in-Interest to decedent Sonny Lam (aka Son Tung Lam)
Ayana Cuevas CurryLaw Offices of John L. Burris, Respondent