City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al.
SocialSecurity FourthAmendment
Does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who violently attacked the officers but who has not clearly been subdued?
QUESTION PRESENTED The questions presented by this petition are: 1. As a matter of first impression, does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who violently attacked the officers but who has not clearly been subdued? 2. Did the Ninth Circuit’s decision conflict with this Court's legal precedent in determining that a reasonable officer would have had fair notice that the use of the Taser to safely handcuff decedent Tyler Rushing might violate the Fourth Amendment? 3. Does the Ninth Circuit’s decision conflict with Graham v. Connor and decisions of other Circuits insofar as it ignores the totality of the circumstances and confines its Fourth Amendment analysis to the approximate minute between Officer Ruppel’s second shot and deployment of the Taser?