No. 23-410

Estate of Gabriel Strickland, et al. v. Nevada County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2023-10-19
Status: Denied
Type: Paid
Tags: 42-usc-1983 civil-rights deadly-force graham-factors graham-v-connor objective-reasonableness section-1983 totality-of-circumstances totality-of-the-circumstances use-of-force
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the reasonableness of an officer's use of deadly force should be evaluated solely upon the circumstances of the final moment or upon the 'totality of the circumstances' that created the imminent threat

Question Presented (OCR Extract)

Questions Presented This case presents a unique question of law under 42 U.S.C. §1983 concerning the application of the “totality of the circumstances” test adopted in Graham v. Connor’ to determine whether an officer’s use of deadly force was objectively reasonable. Specifically, is the reasonableness of an officer’s use of deadly force in face of an imminent threat evaluated solely upon the circumstances of the final moment or upon the “totality of the circumstances” that created the imminent threat? 1 Graham v. Conner, 490 U.S. 386 (1989), 109 S.Ct. 1865, 104 L.Ed.2d 443 ("Graham"). i

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Reply of petitioners Estate of Gabriel Strickland, et al. filed. (Distributed)
2023-11-16
Brief of respondents Nevada County, California, et al. in opposition filed.
2023-10-12
Petition for a writ of certiorari filed. (Response due November 20, 2023)

Attorneys

Estate of Gabriel Strickland, et al.
Patrick Henry DwyerPatrick H. Dwyer, Attorney at Law, Petitioner
Nevada County, California, et al.
John A. WhitesidesAngelo, Kilday & Kilduff, LLP, Respondent