No. 18-695

Christopher Chung, et al. v. Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, et al.

Lower Court: Ninth Circuit
Docketed: 2018-11-27
Status: Denied
Type: Paid
Amici (1)
Tags: civil-rights clearly-established-law community-caretaking due-process excessive-force law-enforcement ninth-circuit qualified-immunity reasonableness use-of-force
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Whether the Ninth Circuit erred in denying the officers qualified immunity by defining clearly established law at too high a level of generality rather than considering the particular facts and circumstances of this case.

2. Whether the Ninth Circuit, having found that the officers were exercising a community caretaking function, erred by only considering the reasonableness of their caretaking while disregarding the requirement of clearly established law.

Question Presented (AI Summary)

Whether the Ninth Circuit erred in denying the officers qualified immunity

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
Reply of petitioners Christopher Chung, et al. filed.
2018-12-27
Brief amici curiae of National Association of Police Organizations, et al. filed.
2018-12-27
Brief of respondents Gulstan E. Silva, Jr., et al. in opposition filed.
2018-12-13
Blanket Consent filed by Petitioners, Christopher Chung, et al.
2018-11-19
Petition for a writ of certiorari filed. (Response due December 27, 2018)

Attorneys

Christopher Chung, et al.
Traci Rei MoritaDepartment of the Corporation Counsel, City and County of Honolulu, Petitioner
Gulstan E. Silva, Jr., et al.
Eric A SeitzLaw Offices of Eric A. Seitz, Respondent
International Municipal Lawyers Association, Inc.
Mary Elisabeth NaumannJackson Kelly PLLC, Amicus