No. 23-1190

Alexsey Predybaylo v. Sacramento County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2024-05-03
Status: Denied
Type: Paid
Tags: civil-rights due-process excessive-force municipal-liability pre-trial-detainee qualified-immunity strip-search
Key Terms:
SocialSecurity FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Is an officer's intentional use of substantial and aggressive force against a pre-trial detainee in response to mere passive resistance to a strip search an example of a 'rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances' precluding qualified immunity?

Question Presented (OCR Extract)

Questions Presented 1. Is an officer's intentional use of substantial and aggressive force against a pre-trial detainee in response to mere passive resistance to a strip search an example of a "rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances" precluding qualified immunity? 2. Is a municipality liable for an injury caused by its official policy that allows the use of substantial and aggressive force against a pre-trial detainee for mere passive resistance to a strip search? i

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-04-23
Petition for a writ of certiorari filed. (Response due June 3, 2024)

Attorneys

Alexsey Predybaylo
Patrick Henry DwyerPatrick H. Dwyer, Attorney at Law, Petitioner
Patrick Henry DwyerPatrick H. Dwyer, Attorney at Law, Petitioner