Martin Marquardt, Deputy Sheriff v. William Fletcher
SocialSecurity DueProcess FourthAmendment Punishment
1. Whether the U.S. Court of Appeals for the Ninth Circuit correctly held that Petitioner does not have qualified immunity on the ground that "[t]he law is clearly established that a reasonable correctional officer cannot administer strong blows upon a compliant pretrial detainee."
2. Whether the Ninth Circuit correctly based "clearly established" law on one prior, inapposite Ninth Circuit decision that conflicted with decisions of other circuits on an issue as to which this Court later ruled against the Ninth Circuit's position.
3. Whether a right can be clearly established by circuit precedent despite disagreement in the courts of appeals.
Whether the use of force by a correctional officer against a pretrial detainee was reasonable