No. 24-578

Corey Cunningham, on Behalf of Kodi Gaines, a Minor v. Baltimore County, Maryland, et al.

Lower Court: Maryland
Docketed: 2024-11-26
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: None
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents important issues relating to the inquiry for determining whether a police officer is entitled to qualified immunity. The following questions are presented: (1) Whether conduct that is sufficiently egregious to shock the conscience, in violation of the Fourteenth Amendment, necessarily is so obviously unlawful as to preclude a qualified immunity defense to liability? (2) This Court has repeatedly held that qualified immunity does not protect officers from liability for obvious constitutional violations. Here, an officer shot a woman during a standoff, where she posed no imminent threat, because he was hot and frustrated. The bullet went through the woman and hit the Petitioner, a five-year-old child, who the officer knew was present and might be hit by the shot. A jury has determined that the officer’s calculated decision to shoot was not objectively reasonable. Did the Maryland Supreme Court violate this Court’s precedents by holding that the officer is entitled to qualified immunity because it could find no prior decision involving similar facts?

Docket Entries

2025-01-27
Petition DENIED.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2025-01-06
Reply of Corey Cunningham submitted.
2025-01-06
2024-12-23
Brief of Baltimore County, Maryland, et al. in opposition submitted.
2024-12-23
Amicus brief of Law Enforcement Action Partnership submitted.
2024-12-23
2024-12-23
Brief of respondents Baltimore County, Maryland, et al. in opposition filed.
2024-12-18
Amicus brief of Cato Institute submitted.
2024-12-18
2024-11-22
Petition for a writ of certiorari filed. (Response due December 26, 2024)
2024-09-09
Application (24A226) granted by The Chief Justice extending the time to file until November 22, 2024.
2024-08-28
Application (24A226) to extend the time to file a petition for a writ of certiorari from September 23, 2024 to November 22, 2024, submitted to The Chief Justice.

Attorneys

Baltimore County, Maryland, et al.
Dorrell Antone BrooksBaltimore County Office of Law, Respondent
Dorrell Antone BrooksBaltimore County Office of Law, Respondent
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Corey Cunningham
Richard A. SimpsonWiley Rein, LLP, Petitioner
Richard A. SimpsonWiley Rein, LLP, Petitioner
Law Enforcement Action Partnership
Michael Sylvain PaisnerPerkins Coie LLP, Amicus
Michael Sylvain PaisnerPerkins Coie LLP, Amicus