No. 19-263

Cody Ross v. Johnnie Rochell, Jr.

Lower Court: Eighth Circuit
Docketed: 2019-08-28
Status: Denied
Type: Paid
Tags: 4th-amendment 8th-circuit assault-weapon civil-rights clearly-established-law constitutional-violation eighth-circuit excessive-force kisela-v-hughes law-enforcement qualified-immunity use-of-force
Latest Conference: 2019-12-06
Question Presented (from Petition)

1. Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, U.S. , 138 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 Petitioner?

2. Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in denying qualified immunity based upon the absence of a constitutional violation given that the undisputed facts established that petitioner acted reasonably in responding to the potential threat of an unrestrained suspect whose weapon—an assault rifle—was only several feet away?

Question Presented (AI Summary)

Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, __ U.S. _, 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 Petitioner?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-07
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2019.
2019-09-26
Motion to extend the time to file a response from September 27, 2019 to October 28, 2019, submitted to The Clerk.
2019-08-26
Petition for a writ of certiorari filed. (Response due September 27, 2019)

Attorneys

Cody Ross
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Johnnie Rochell
Johnnie Rochell Jr. — Respondent
United States
Noel J. FranciscoSolicitor General, Respondent