Cody Ross v. Johnnie Rochell, Jr.
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?
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?