No. 19-614

Cesar Vizcarra, et al. v. Monica Ortiz, Individually and as Co-Successor in Interest to Decedent Christian Pena, et al.

Lower Court: Ninth Circuit
Docketed: 2019-11-13
Status: Denied
Type: Paid
Response Waived
Tags: anderson-v-liberty-lobby armed-suspect civil-rights excessive-force interlocutory-appeal johnson-v-jones law-enforcement mitchell-v-forsyth qualified-immunity summary-judgment taser use-of-force
Latest Conference: 2019-12-13
Question Presented (from Petition)

1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the underlying evidentiary fact is undisputed, but where different inferences may be drawn from the particular fact, or do such disputes concern evaluation of the materiality of a particular fact, which, under Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) is a legal issue, and therefore subject to interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511 (1985)?

2. Did the Ninth Circuit improperly depart from this Court's decision in Kisela v. Hughes, 138 S. Ct. 1148 (2018) (per curiam) and numerous other qualified immunity cases by denying qualified immunity notwithstanding the absence of clearly established law imposing liability under circumstances closely analogous to those confronting the officers?

3. Did the Ninth Circuit improperly 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 Petitioners acted reasonably in responding to the threat of an armed suspect?

Question Presented (AI Summary)

Whether qualified immunity bars liability for officers' use of force against an armed, combative suspect

Docket Entries

2019-12-16
Petition DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-19
Waiver of right of respondents Monica Ortiz, et al. to respond filed.
2019-11-11
Petition for a writ of certiorari filed. (Response due December 13, 2019)

Attorneys

Cesar Vizcarra, et al.
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Monica Ortiz, et al.
John Leonard BurrisLaw Offices of John L. Burris, Respondent