No. 23-689

City of Los Angeles, California, et al. v. M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al.

Lower Court: Ninth Circuit
Docketed: 2023-12-27
Status: Dismissed
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-rights clearly-established excessive-force law-enforcement qualified-immunity summary-judgment undisputed-evidence video-evidence
Key Terms:
DueProcess
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a court's obligation to view the evidence in the light most favorable to the plaintiff allows it to ignore undisputed clear video evidence that would require the court to draw inferences against the plaintiff's claims

Question Presented (OCR Extract)

QUESTION PRESENTED In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court’s obligation to view the evidence in the light most favorable to the plaintiff allow that court to ignore undisputed clear video evidence which, if considered, would require the court to draw the inference that the force used by the defendants was not excessive, and the further inference that the unlawfulness of the defendants’ conduct was not clearly established?

Docket Entries

2024-10-18
Petition Dismissed - Rule 46.
2024-10-16
Joint stipulation to dismiss the petition pursuant to Rule 46.1 filed.
2024-10-15
Letter from counsel for petitioners submitted.
2024-05-13
Motion of petitioners to hold petition in abeyance GRANTED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-23
Motion to hold petition abeyance filed by petitioners. (Distributed)
2024-04-08
Brief of respondents M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. in opposition filed.
2024-03-05
Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2024.
2024-02-29
Motion to extend the time to file a response from March 14, 2024 to April 11, 2024, submitted to The Clerk.
2024-02-13
Response Requested. (Due March 14, 2024)
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-01-22
Waiver of right of respondent M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. to respond filed.
2023-12-22

Attorneys

City of Los Angeles, et al.
Scott William DavenportJones Mayer, Petitioner
Scott William DavenportJones Mayer, Petitioner
M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al.
Dale K. GalipoLaw Offices of Dale K. Galipo, Respondent
Dale K. GalipoLaw Offices of Dale K. Galipo, Respondent