No. 22-933

Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2023-03-24
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 4th-amendment civil-procedure civil-rights excessive-force fourth-amendment police-misconduct qualified-immunity section-1983 unreasonable-force
Key Terms:
SocialSecurity FourthAmendment JusticiabilityDoctri
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer's order to stop and raises his hands in surrender?

Question Presented (OCR Extract)

QUESTION PRESENTED After initially running from the police, a young man complied with an officer’s order to surrender by halting and raising his hands. The officer nevertheless tased the man. The tasing caused the man’s head to slam onto pavement and led to a traumatic brain injury. After officers subdued the man, the officer cycled the taser and tased him again. In this 42 U.S.C. § 1983 action, brought by the victim’s grandmother, the Fifth Circuit held that the officer did not violate clearly established law because an individual cannot lead police on a chase “and then turn around, appear to surrender and receive the same Fourth Amendment protection” he would have received “in the first place.” The question presented is: Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer’s order to stop and raises his hands in surrender? (i)

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-06-06
Reply of petitioner Jean Henderson, as next friend and guardian of Christopher Henderson filed. (Distributed)
2023-05-31
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-05-24
2023-04-19
Waiver of right of respondent Harris County to respond filed.
2023-04-18
Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023, for all respondents.
2023-04-17
Motion of respondent Arthur Simon Garduno to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk.
2023-03-22
2023-02-07
Application (22A707) granted by Justice Alito extending the time to file until March 22, 2023.
2023-02-02
Application (22A707) to extend the time to file a petition for a writ of certiorari from March 2, 2023 to May 1, 2023, submitted to Justice Alito.

Attorneys

Arthur Simon Garduno
Suzanne Rene BradleyHarris County Attorney's Office, Respondent
Suzanne Rene BradleyHarris County Attorney's Office, Respondent
Arthur Simon Garduno, et al.
Seth Barrett HopkinsHarris County Attorney's Office, Respondent
Seth Barrett HopkinsHarris County Attorney's Office, Respondent
Harris County
Laura Jean Beckman — Respondent
Laura Jean Beckman — Respondent
Jean Henderson, as next friend and guardian of Christopher Henderson
Catherine Emily StetsonHogan Lovells US LLP, Petitioner
Catherine Emily StetsonHogan Lovells US LLP, Petitioner