No. 24-823

Benjamin Benfer v. City of Baytown, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2025-02-03
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split due-process excessive-force fourth-amendment police-force qualified-immunity
Key Terms:
SocialSecurity DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed and subdued, and the Fifth Circuit bucks the great weight of authority from other Circuit Courts of Appeals

Question Presented (OCR Extract)

1. Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed and subdued, and the Fifth Circuit bucks the great weight of author-ity from other Circuit Courts of Appeals. 2. Whether this Court should correct the Fifth Circuit’s departure from this Court and other Circuit Courts of Appeals with respect to allowing a detention and arrest where the officer did not need to make a stop at all in order to investigate the claimed justification of the stop, and the detainee was merely trying to return home. 3. Whether this Court should correct the Fifth Circuit’s departure from the other Circuit Courts of Appeals with respect to a City’s lack of adequate training and policies in a known problem area. 4. Whether this Court should revisit the propriety of the qualified immunity defense.

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-10
Waiver of City of Baytown; Barry Calvert of right to respond submitted.
2025-02-10
Waiver of right of respondent City of Baytown; Barry Calvert to respond filed.
2025-01-30
Petition for a writ of certiorari filed. (Response due March 5, 2025)

Attorneys

Benjamin Benfer
Randall Lee KallinenLaw Office of Randall L Kallinen PLLC, Petitioner
Randall Lee KallinenLaw Office of Randall L Kallinen PLLC, Petitioner
City of Baytown; Barry Calvert
Norman Ray GilesLewis Brisbois Bisgaard & Smith, LLP, Respondent
Norman Ray GilesLewis Brisbois Bisgaard & Smith, LLP, Respondent