No. 20-8315

Joel Barcelona v. M. Escotto Rodriguez, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-16
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights deadly-gas due-process excessive-force fourth-amendment law-enforcement mental-health petitioner use-of-force
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. "WHETHER THE RESPONDENT, M. RODRIGUEZ, ET AL., EXCESSIVELY USE OF DEADLY FORCE IN USING A TASER GAS SPRAY VIOLATED PETITIONER'S RIGHTS UNDER THE (I.E.III)

2. WHETHER THE RESPONDENT, M. RODRIGUEZ, ET AL., MALICIOUSLY AND SADISTICALLY USED A TASER GAS SPRAY PERMITTED THEM IN A GOOD FAITH BELIEVING HARM TO PETITIONER ON RESERVE CUSTODY?

3. Whether the RESPONDENT, M. RODRIGUEZ, ET AL., ACTED WITH A CULPABLE STATE OF MIND IN USING GAS AND SPRAY PERMITTED IN A SMALL RECORDS VIEWING (HOLDING) WITHOUT ACCOMMODATING FOR MORE THAN ONE HOUR CAUSING PETITIONER TO SUFFER A SHORTNESS OF BREATH, REAL EYE PAIN AND CONTINUOUS ASSAULT.

WHETHER THE RESPONDENTS, M. RODRIGUEZ, ET AL., DELIBERATELY OFFERED TO SERIOUS MEDICAL CARE NEEDS BECAUSE THEY USED GAS AND SPRAY AND PROMISED THE PETITIONER WELLS YELLING INSIDE THE CELL FOR IMMEDIATE EMERGENCY VISITS.

Question Presented (AI Summary)

Whether the respondents, M. Rodriguez, et al., used excessive force by using a deadly gas spray to deter petitioner, which violated petitioner's constitutional rights

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2021)

Attorneys

Joel Barcelona
Joel Barcelona — Petitioner