No. 19-289

County of San Diego, California, et al. v. James Soler

Lower Court: Ninth Circuit
Docketed: 2019-09-04
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: arrest arrest-procedure civil-rights due-process extradition-warrant fourteenth-amendment jail-staff mistaken-identity procedural-due-process qualified-immunity
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (from Petition)

When a prisoner is held under authority of a facially valid warrant, do individual jail staff members have a duty under the Fourteenth Amendment to investigate claims of mistaken identity (as the Ninth Circuit held below), or is procedural due process evaluated by analyzing the totality of process afforded to an arrestee (as this Court and other circuits have held)?

2. Is a circuit court decision sufficient to "clearly establish" a constitutional right for purposes of qualified immunity, or is something more—a robust cross-circuit consensus, or a decision by this Court—required to give fair notice to a reasonable officer?

Question Presented (AI Summary)

When a prisoner is held under authority of a facially valid warrant, do individual jail staff members have a duty under the Fourteenth Amendment to investigate claims of mistaken identity?

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Reply of petitioner County of San Diego and Ernesto Banuelos filed.
2019-10-14
Brief of respondent James Soler in opposition filed.
2019-09-23
Response Requested. (Due October 23, 2019)
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-09-04
Waiver of right of respondent James Soler to respond filed.
2019-08-30
Petition for a writ of certiorari filed. (Response due October 4, 2019)

Attorneys

County of San Diego and Ernesto Banuelos
Thomas Dale BuntonOffice of County Counsel, Petitioner
James Soler
Todd W. BurnsBurns & Cohan, Respondent