No. 21-1204

City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-03
Status: Denied
Type: Paid
Tags: arrest-procedure civil-rights excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2022-05-12
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-15
Reply of petitioners City of Chico, California, et al. filed.
2022-04-04
Brief of respondents Estate of Tyler Rushing, et al. in opposition filed.
2022-02-28
Petition for a writ of certiorari filed. (Response due April 4, 2022)

Attorneys

City of Chico, et al.
Sharon Ponce de Leon MedellinAlvarez-Glasman & Colvin, Petitioner
Stephen T. OwensAlvarez-Glasman & Colvin, Petitioner
Estate of Tyler Rushing, et al.
Dennis P. RiordanRiordan & Horgan, Respondent