No. 19-1266

H. B., a Minor, Individually and as Successor in Interest to Michelle Lee Shirley, By and Through His Guardian ad Litem, Ronnie Shirley v. City of Torrance, California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-05-05
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-rights excessive-force fourth-amendment objective-reasonableness police-conduct qualified-immunity scott-v-harris summary-judgment use-of-force
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2020-06-18
Question Presented (from Petition)

In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of lethal force was objectively reasonable because of an "actual or imminent" threat to officers or third parties, does Scott v. Harris, 550 U.S. 372, 127 S.Ct 1769, 167 L.Ed. 2d 686 permit the court to decide the excessive force issue on summary judgment?

Question Presented (AI Summary)

In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of lethal force was objectively reasonable because of an 'actual or imminent' threat to officers or third parties, does Scott v. Harris, 550 U.S. 372, 127 S.Ct 1769, 167 L.Ed. 2d 686 permit the court to decide the excessive force issue on summary judgment?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-29
Waiver of right of respondent City of Torrance, et al. to respond filed.
2020-04-30
Petition for a writ of certiorari filed. (Response due June 4, 2020)

Attorneys

City of Torrance, et al.
Kevin Harold LouthManning & Kass Ellrod Ramirez Trester LLP, Respondent
H. B.
Cynthia GoodmanAbir Cohen Treyzon Salo LLP, Petitioner