Daniel Rivas-Villegas v. Ramon Cortesluna
FourthAmendment JusticiabilityDoctri
1. Did the Ninth Circuit 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 to petitioner based upon the absence of a constitutional violation, by concluding that pushing a
suspect down with a foot and briefly placing a
knee against the back of a prone, armed suspect while handcuffing him, could constitute
excessive force?
2. Did the Ninth Circuit depart from this Court's
decision in Kisela v. Hughes, __ U.S. _, 188
S. Ct. 1148 (2018) (per curiam) and numerous
other cases by denying qualified immunity
even though two judges concluded the use of
force was reasonable, and notwithstanding
the absence of clearly established law imposing liability under circumstances closely analogous to those confronting petitioner?
Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner based upon the absence of a constitutional violation