No. 21-1204

City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-03
Status: Denied
Type: Paid
Tags: arrest-procedure civil-rights excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force
Key Terms:
SocialSecurity FourthAmendment
Latest Conference: 2022-05-12
Question Presented (from Petition)

1. As a matter of first impression, does the
Fourth Amendment prevent law enforcement
officers from deploying a Taser to safely arrest
a suspect who violently attacked the officers
but who has not clearly been subdued?

2. Did the Ninth Circuit's decision conflict
with this Court's legal precedent in
determining that a reasonable officer would
have had fair notice that the use of the Taser
to safely handcuff decedent Tyler Rushing
might violate the Fourth Amendment?

3. Does the Ninth Circuit's decision conflict
with Graham v. Connor and decisions of other
Circuits insofar as it ignores the totality of the
circumstances and confines its Fourth
Amendment analysis to the approximate
minute between Officer Ruppel's second shot
and deployment of the Taser?

Question Presented (AI Summary)

Does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who violently attacked the officers but who has not clearly been subdued?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-15
Reply of petitioners City of Chico, California, et al. filed.
2022-04-04
Brief of respondents Estate of Tyler Rushing, et al. in opposition filed.
2022-02-28
Petition for a writ of certiorari filed. (Response due April 4, 2022)

Attorneys

City of Chico, et al.
Sharon Ponce de Leon MedellinAlvarez-Glasman & Colvin, Petitioner
Stephen T. OwensAlvarez-Glasman & Colvin, Petitioner
Estate of Tyler Rushing, et al.
Dennis P. RiordanRiordan & Horgan, Respondent