Whether qualified immunity protects law enforcement officers from liability for excessive force claims when officers use force to prevent a suspect from jumping off a second-story railing and the force continues briefly after the immediate danger has been neutralized

No question identified. : Pursuant to Supreme Court Rule 13.5, and 28 U.S.C. § 2101(0), Applicants Chris Dutra and Eric Dejesus respectfully requests a 59-day extension of time, to and including October 6, 2023, within which to file a petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit in this case. 1. The United States Court of Appeals for the Ninth Circuit issued its decision on February 17, 2023. See Jackson v. Dutra, No. 22-15622, 2023 WL 2064543 (9th Cir. Feb. 17, 2023); App. 2. Applicants timely filed a petition for rehearing en banc. The court of appeals denied the petition on May 10, 2023. App. 7. Unless extended, the time to file a petition for certiorari will expire on August 8, 2023. This application is being filed more than ten days before a petition is due. Sup. Ct. R. 18.5. This Court has jurisdiction under 28 U.S.C. § 1254(1). 2. This case involves unsettled questions of qualified immunity. In November 2018, officers from the Sparks, Nevada Police Department helped Child Protective Services ("CPS") retrieve a three-year-old child who was under CPS' care from Respondent Kim Jackson's second-story apartment. The interaction was captured on the officers' body worn cameras. See Jackson v. Dutra, No. 2022 WL 948121, at *1 (D. Nev. Mar. 29, 2022); App. 10. 3. Initially, Jackson refused to release the minor child (A.M.) and CPS expressed concerns to the responding officers that Jackson was kidnapping A.M. App. 10-11. Jackson would not allow the officers into her apartment and an argument ensued between Jackson and CPS, with Jackson standing on her second story balcony and CPS outside. App. 11. During the confrontation, Jackson began moving with A.M. in her outstretched arms toward the second-story railing. App. 12. The footage shows the child would have fallen to the ground if Jackson had dropped her. Jd. Luckily, Jackson went inside and let A.M. out the front. Id. 4, CPS whisked the child away and Officers Dutra and Dejesus remained outside Jackson's apartment. Jd. Eventually, Jackson came outside and sat on the stairs leading to the third floor. Id. But, after an exchange with the officers, Jackson stood up and quickly went to the railing outside her door and tried to flee by climbing over. App. 13. Officer Dutra immediately grabbed Jackson's upper body and Officer Dejesus grabbed Jackson's right leg. Id. 5. Pulling a struggling Jackson away from the railing, the officers were finally able to get her right arm behind her back. App. 14. The officers did not use any taser, police dog, or neck restraint. Jackson acknowledged that she put the child over the railing and did not deny trying to jump over herself. Id. Jackson was arrested and charged with certain crimes. Id. 6. Jackson sued Officers Dutra, Dejesus, and others. Relying on the body cam footage, the district court granted summary judgment in favor of the officers on all claims for unlawful seizure, false arrest, excessive force, and supervisory liability. App. 26. For the excessive force claim, the district court determined that no juror could reasonably construe the force as excessive from the body cam footage. App. 24. The district court explained that, under the fast-moving circumstances, "[{g]rabbing [Jackson], taking her away from the railing, and attempting to pull her arm back to put her into handcuffs to restrain her by putting her under arrest and prevent her from jumping off the second-story railing is reasonable force." App. 25. 7. The Ninth Circuit affirmed in part and reversed in part. The Ninth Circuit agreed that all officers were entitled to qualified immunity on the unlawful seizure and false arrest claims because reasonable officers in their position could have concluded there was probable cause to suspect Jackson committed attempted child endangerment. App. 3. The court also affirmed summary judgment against Jackson's supervisory liability claim. App. 5. 8. However, the Ninth