No. 21-533

Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro

Lower Court: Ninth Circuit
Docketed: 2021-10-12
Status: Denied
Type: Paid
Amici (1)
Tags: clearly-established-law fourth-amendment k9-deployment law-enforcement qualified-immunity reasonable-force totality-of-circumstances use-of-force violent-crime
Key Terms:
FourthAmendment
Latest Conference: 2022-02-18
Question Presented (AI Summary)

when-law-enforcement-officer-deploys-k9-to-restrain-fleeing-suspect

Question Presented (OCR Extract)

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?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-25
Reply of petitioners Brad Martin, et al. filed. (Distributed)
2022-01-11
Brief of respondent Carlos Castro in opposition filed.
2021-11-11
Brief amicus curiae of National Police Association filed.
2021-11-09
Motion to extend the time to file a response from November 12, 2021 to January 11, 2022, submitted to The Clerk.
2021-11-09
Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2022.
2021-10-07
Petition for a writ of certiorari filed. (Response due November 12, 2021)

Attorneys

Brad Martin, et al.
Timothy BergFennemore Craig P.C., Petitioner
Carlos Castro
Benjamin Leigh RundallHonor Law Group, PLLC, Respondent
National Police Association
Robert S. LafferrandrePierce Couch Hendirckson Baysinger & Green, LLP, Amicus