No. 20-1539

Daniel Rivas-Villegas v. Ramon Cortesluna

Lower Court: Ninth Circuit
Docketed: 2021-05-05
Status: Judgment Issued
Type: Paid
Amici (1)Relisted (3)
Tags: civil-rights constitutional-violation excessive-force fourth-amendment graham-v-connor law-enforcement ninth-circuit plumhoff-v-rickard qualified-immunity supreme-court-precedent
Key Terms:
FourthAmendment JusticiabilityDoctri
Latest Conference: 2021-10-15 (distributed 3 times)
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2021-11-19
JUDGMENT ISSUED.
2021-10-18
Petition GRANTED. Determination of United States Court of Appeals for the Ninth Circuit that Rivas-Villegas is not entitled to qualified immunity REVERSED. <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf'>Opinion</a>)
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-08
Reply of petitioner Daniel Rivas-Villegas filed.
2021-06-02
Brief of respondent Ramon Cortesluna in opposition filed.
2021-06-01
Brief amici curiae of California State Sheriffs' Assoc., California Police Chiefs Assoc., California Peace Officers' Assoc. filed.
2021-04-30
Petition for a writ of certiorari filed. (Response due June 4, 2021)

Attorneys

California State Sheriffs' Assoc., California Police Chiefs Assoc., California Peace Officers' Assoc.
James R. TouchstoneJones & Mayer, Amicus
Daniel Rivas-Villegas
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Ramon Cortesluna
Robert George HowieHowie & Smith, LLP, Respondent