No. 20-183

Billy D. Stair, III v. Charles Jackson

Lower Court: Eighth Circuit
Docketed: 2020-08-19
Status: Denied
Type: Paid
Tags: excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2021-01-22
Question Presented (from Petition)

Did the Eighth 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 assessing the reasonableness of each of three Taser activations over a nineteen second period, instead of assessing the reasonableness of petitioner's conduct in light of the totality of the circumstances?

Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, 138 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 Eighth 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 by assessing the reasonableness of each of three Taser activations over a nineteen second period, instead of assessing the reasonableness of petitioner's conduct in light of the totality of the circumstances?

Docket Entries

2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2021-01-04
Reply of petitioner Billy D. Stair filed. (Distributed)
2020-12-18
Brief of respondent Charles Jackson in opposition filed.
2020-11-10
Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2020.
2020-11-09
Motion to extend the time to file a response from November 18, 2020 to December 18, 2020, submitted to The Clerk.
2020-10-13
Motion to extend the time to file a response is granted and the time is further extended to and including November 18, 2020.
2020-10-06
Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
2020-08-28
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2020.
2020-08-25
Motion to extend the time to file a response from September 18, 2020 to October 19, 2020, submitted to The Clerk.
2020-08-13
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Billy D. Stair
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Charles Jackson
David Michael Shapiro — Respondent