No. 20-498
Sonia Garcia, et vir v. Wesley Blevins, et al.
Response Waived
Tags: 4th-amendment civil-rights clearly-established-law constitutional-rights deadly-force fourth-amendment qualified-immunity stare-decisis unpublished-decisions unpublished-opinions
Key Terms:
FourthAmendment
FourthAmendment
Latest Conference:
2021-01-08
Question Presented (from Petition)
1. The United States Court of Appeals for the Fifth Circuit granted qualified immunity reasoning facts demonstrating that a person shot and killed by police had not threatened anyone, was holding a gun pointed down at his side, was not suspected of any crime, and was not fleeing were irrelevant.
Was it clearly established that a person merely holding a gun has a Fourth Amendment right to be free from deadly force?
2. May courts consider unpublished decisions as persuasive authority in resolving the clearly established prong of qualified immunity cases?
Question Presented (AI Summary)
Whether a person holding a gun has a Fourth Amendment right to be free from deadly force
Docket Entries
2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-10-19
Waiver of right of respondent Wesley Blevins to respond filed.
2020-09-28
Petition for a writ of certiorari filed. (Response due November 16, 2020)
Attorneys
Sonia Garcia
Randall Lee Kallinen — Kallinen Law PLLC, Petitioner
Wesley Blevins
Robert William Higgason — City of Houston Legal Department, Respondent