Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro
FourthAmendment
when-law-enforcement-officer-deploys-k9-to-restrain-fleeing-suspect
QUESTIONS PRESENTED FOR REVIEW 1. When a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed to be in possession of a deadly weapon and under the influence of an illegal stimulant, is the Fourth Amendment violated when the K9’s handler commands the K9 to release the suspect within seconds after the suspect is handcuffed and ceases resisting arrest? 2. Did the Ninth Circuit err when it failed to consider the totality of the circumstances in assessing the reasonableness of force used to restrain a suspect with a known history of violent crime who is actively resisting arrest and is believed to be in possession of a deadly weapon and under the influence of an illegal stimulant? 3. Did the Ninth Circuit violate City and County of San Francisco v. Sheehan and other binding precedent when it denied a police officer qualified immunity by defining clearly established law at too high a level of generality?