No. 19-753

Michael Hunter, et al. v. Randy Cole, et al.

Lower Court: Fifth Circuit
Docketed: 2019-12-12
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (7)
Tags: civil-rights clearly-established-law deadly-force deadly-weapon due-process dynamic-encounter excessive-force fourteenth-amendment fourth-amendment police-use-of-force qualified-immunity shooting-encounter use-of-force
Key Terms:
FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-06-11 (distributed 7 times)
Question Presented (from Petition)

I. If the barrel of a gun is not yet pointed directly at an officer, does clearly established federal law prohibit police officers from firing to stop a person armed with a firearm from moving a deadly weapon toward an officer if the officer has not both shouted a warning and also waited to determine whether the imminent threat to life has subsided after the warning?

II. Does a police officer who inaccurately reports his perceptions of events during a dynamic shooting encounter violate clearly established rights under the Fourteenth Amendment?

Question Presented (AI Summary)

Whether police officers can use deadly force when a person armed with a firearm moves the weapon toward the officer, even if the officer has not shouted a warning and waited to determine if the threat has subsided

Docket Entries

2020-06-15
Petition DENIED.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-13
Rescheduled.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-20
Rescheduled.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-03
Reply of petitioners Martin Hunter, et al. filed.
2020-03-24
Brief of respondents Randy Cole, et al. in opposition filed.
2020-02-21
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2020.
2020-02-20
Motion to extend the time to file a response from March 2, 2020 to April 1, 2020, submitted to The Clerk.
2020-01-31
Response Requested. (Due March 2, 2020)
2020-01-29
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondents Randy Cole, et al. to respond filed.
2020-01-13
Brief amici curiae of International Association of Chiefs of Police, et al. filed.
2019-12-09
Petition for a writ of certiorari filed. (Response due January 13, 2020)
2019-11-07
Application (19A510) granted by Justice Alito extending the time to file until December 9, 2019.
2019-11-05
Application (19A510) to extend the time to file a petition for a writ of certiorari from November 18, 2019 to December 9, 2019, submitted to Justice Alito.

Attorneys

Chielfs of Police, et al.,
Megan Suarez MahanCity of Grand Prairie, Texas (Deputy City Attorney's Office), Amicus
Martin Hunter, et al.
James T. Jeffrey Jr.Law Offices of Jim Jeffrey, Petitioner
Randy Cole, et al.
Amir H. AliRoderick & Solange MacArthur Justice Center, Respondent