No. 18-110

Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV

Lower Court: Eighth Circuit
Docketed: 2018-07-24
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

1. Does Johnson v. Jones, 515 U.S. 304 (1995)
foreclose interlocutory appeal of an order
denying summary judgment on qualified immunity, where the underlying evidentiary fact
is undisputed, but where different inferences
may be drawn from the particular fact, or do
such disputes concern evaluation of the materiality of a particular fact, which, under Anderson v. Liberty Lobby, Inc., 477 U.S. 242
(1986) is a legal issue, and therefore subject to
interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511 (1985)?

2. Did the Eighth Circuit improperly depart
from this Court's decision in Kisela v. Hughes,
__ US. __, 188 S. Ct. 1148 (2018) (per curiam)
and numerous other cases by denying qualified immunity notwithstanding the absence of
clearly established law imposing liability under circumstances closely analogous to those
confronting the officers?

3. Did the Eighth Circuit improperly depart
from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. _, 1384 S. Ct. 2012 (2014) in
denying qualified immunity based upon the
absence of a constitutional violation given
that the undisputed facts established that petitioners acted reasonably in responding to
the threat of an armed suspect moving towards another officer less than 12 feet away
while wildly waving a knife?

Question Presented (AI Summary)

Whether qualified immunity should be denied where the underlying evidentiary fact is undisputed but different inferences may be drawn from it

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Reply of petitioners Andrew Burningham, et al. filed. (Distributed)
2018-11-13
Brief of respondent John Morrison Raines in opposition filed.
2018-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
2018-10-02
Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
2018-09-13
Response Requested. (Due October 15, 2018)
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Brief amicus curiae of International Municipal Lawyers Association filed.
2018-08-21
Waiver of right of respondent John Morrison Raines to respond filed.
2018-07-11
Petition for a writ of certiorari filed. (Response due August 23, 2018)

Attorneys

Andrew Burningham, et al.
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
International Municipal Lawyers Association
Brian Scott Carter — Amicus
John Morrison Raines
Paul J JamesJames, Carter & Priebe, LLP, Respondent