No. 24-648

Officer Layau Eulizier v. Jose Vega-Colon, Individually and as Administrator of the Estate of Anthony Vega-Cruz, et al.

Lower Court: Second Circuit
Docketed: 2024-12-16
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review constitutional-violation law-enforcement material-facts objectively-reasonable-officer qualified-immunity
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2025-01-17
Question Presented (AI Summary)

Whether a court can deny qualified immunity when no material disputed facts exist and prior Supreme Court and Circuit Court decisions found no constitutional violations or found the official entitled to qualified immunity?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW lL. Whether a court can deny qualified immunity when there are no material disputed issues of fact and all the United States Supreme Court and Circuit Court decisions containing similar factual circumstances have found no constitutional violations or have found the official to be entitled to qualified immunity? 2. Whether the Second Circuit erred by departing from this Court's qualified immunity precedent requiring consideration of all material undisputed facts and viewing the constitutionality of the officer's action from the perspective of an objectively reasonable officer? LIST OF ALL PARTIES TO THE COURT OF APPEALS DECISION Defendant/ Appellant: Officer Layau Eulizier Plaintiffs/ Appellees: Jose Vega-Colon and Anthony Colon as administrator of the Estate of Anthony Vega-Cruz ii

Docket Entries

2025-01-21
Petition DENIED.
2024-12-31
DISTRIBUTED for Conference of 1/17/2025.
2024-12-27
Waiver of Jose Vega-Colon of right to respond submitted.
2024-12-27
Waiver of right of respondent Jose Vega-Colon to respond filed.
2024-10-04

Attorneys

Jose Vega-Colon
Dale Kristopher GalipoThe Law Offices of Dale K. Galipo, Respondent
Dale Kristopher GalipoThe Law Offices of Dale K. Galipo, Respondent
Layau Eulizier
Elliot B. SpectorHassett & George, PC., Petitioner
Elliot B. SpectorHassett & George, PC., Petitioner