No. 19-76

Martin Marquardt, Deputy Sheriff v. William Fletcher

Lower Court: Ninth Circuit
Docketed: 2019-07-15
Status: Denied
Type: Paid
Tags: circuit-precedent civil-rights clearly-established-law due-process excessive-force ninth-circuit pretrial-detainee qualified-immunity use-of-force
Key Terms:
SocialSecurity DueProcess FourthAmendment Punishment
Latest Conference: 2019-10-18
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether the use of force by a correctional officer against a pretrial detainee was reasonable

Docket Entries

2019-10-21
Petition DENIED.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Reply of petitioner Martin Marquardt filed.
2019-09-13
Brief of respondent William Fletcher in opposition filed.
2019-08-05
Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2019.
2019-08-01
Motion to extend the time to file a response from August 14, 2019 to September 13, 2019, submitted to The Clerk.
2019-07-11
Petition for a writ of certiorari filed. (Response due August 14, 2019)

Attorneys

Martin Marquardt
Lorna K. JorgensenAda County Prosecuting Attorney, Petitioner
William Fletcher
Sarah Elizabeth PetersonCoblentz Patch Duffy & Bass LLP, Respondent