No. 21-770

Shelby Hawkins v. Johnny Banks, III

Lower Court: Eighth Circuit
Docketed: 2021-11-24
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law when Officer Hawkins had probable cause to believe there was a threat of serious physical injury or death?

2. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins in the absence of any precedent finding a Fourth Amendment violation based on similar facts?

Question Presented (AI Summary)

Whether the use of force was reasonable

Docket Entries

2022-05-02
Petition DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-04-07
Reply of petitioner Shelby Hawkins filed.
2022-03-25
Brief of respondent Johnny Banks, III in opposition filed.
2022-02-18
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2022.
2022-02-16
Motion to extend the time to file a response from February 23, 2022 to March 25, 2022, submitted to The Clerk.
2022-01-24
Response Requested. (Due February 23, 2022)
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-11-19
Petition for a writ of certiorari filed. (Response due December 27, 2021)

Attorneys

Johnny Banks, III
Terrence CainTerrence Cain Attorney at Law, Respondent
Shelby Hawkins
Sara MonaghanArkansas Municipal League, Petitioner