No. 24-1051

Michael Nissen v. Javier Ambler, Sr., Individually and on Behalf of All Wrongful Death Beneficiaries of Javier Ambler, II, the Estate of Javier Ambler, II, and as Next Friend of J. R. A., minor child, et al.

Lower Court: Fifth Circuit
Docketed: 2025-04-04
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2025-05-02
Question Presented (AI Summary)

Whether a fact question on the 'deadliness' of force can impose a heightened deadly force standard that constrains the Fourth Amendment's objective test for qualified immunity during a high-speed pursuit

Question Presented (OCR Extract)

After a crash filled 20-minute high-speed car chase— caught on video by police helicopter—Javier Ambler II died while resisting being handcuffed due in part to an imperceptible heart condition. Video shows Nissen used a modicum of force for less than 90 seconds to assist the first arriving deputies handcuff Ambler in the prone position. Ambler stated he could not breathe in the scuffle, but force stopped when the handcuffs clicked. Nissen was denied qualified immunity. The questions presented are: 1. Can a fact question on the “deadliness” of force impose a heightened deadly force standard that “constrains” the Fourth Amendment’s objective test—essentially requiring officers to forfeit immunity unless they can prove it would have also been appropriate to shoot the suspect ? 2. After a suspect leads police on a 20-minute highspeed car chase, can a reasonable officer use 90 seconds of soft-hand controls in the prone position to handcuff that suspect—reasonably making a split-second presumption that the suspect is dangerous and his claimed medical emergency is a ploy? 3. Did the law clearly establish that soft-hand controls and a taser—used to effectuate handcuffing in the prone position—became unlawful the instant the suspect stated, “I can’t breathe”, when no prior precedent in this Court or the Fifth Circuit ever contemplated that such a suspect had just led police on an outrageous high-speed chase?

Docket Entries

2025-05-05
Petition DENIED.
2025-04-29
Amicus brief of The Texas Municipal League Intergovernmental Risk Pool, Louisiana Municipal Risk Management Agency Interlocal Public Liability Fund, Mississippi Municipal Liability Plan, National Association of Police Organizations, Texas Police Chiefs Association, Combined Law Enforcement Associations of Texas, and Texas Municipal Police Association submitted.
2025-04-29
Brief amici curiae of The Texas Municipal League Intergovernmental Risk Pool, et al. filed. (Distributed)
2025-04-29
Brief amici curiae of Texas Municipal League Intergovernmental Risk Pool, et al. filed. (Distributed)
2025-04-16
DISTRIBUTED for Conference of 5/2/2025.
2025-04-09
Waiver of right of respondent Javier Ambler, Sr. and Maritza Ambler to respond filed.
2025-04-02
Petition for a writ of certiorari filed. (Response due May 5, 2025)

Attorneys

Javier Ambler, Sr. and Maritza Ambler
David Anthony JamesJeff Edwards Law Group, PLLC d/b/a Edwards Law, Respondent
Michael Nissen
Stephen Blackmon BarronWright & Greenhill, P.C., Petitioner
The Texas Municipal League Intergovernmental Risk Pool, Louisiana Municipal Risk Management Agency Interlocal Public Liability Fund, Mississippi Municipal Liability Plan, National Association of Police Organizations, Texas Police Chiefs Association, Comb
Christopher David LivingstonFanning Harper Martinson Brandt & Kutchin, PC, Amicus