No. 21-1422

Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism

Lower Court: Second Circuit
Docketed: 2022-05-05
Status: Denied
Type: Paid
Amici (2)
Tags: 2nd-amendment civil-rights deadly-force due-process fourth-amendment lethal-force police-procedure qualified-immunity self-defense standing use-of-force
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does the doctrine of qualified immunity shield a police officer from suit (not merely from judgment) where his/her split-second decision to deploy lethal force was made after being confronted by a suspect who, while disregarding commands to get on the ground, pulls a semi-automatic handgun from his waistband just feet away from the officer?

1. Does the Fourth Amendment require a police officer to wait until an armed suspect points the barrel of his handgun in the officer's direction before the officer can deploy lethal force to protect himself and innocents in the area?

2. Did the Second Circuit err in denying Petitioner qualified immunity without even identifying what material facts defined the immunity questions?

3. Did the Second Circuit err in deferring the qualified immunity questions to the "post-verdict" stage of the trial so that immunity would only be addressed in the event a jury issued a verdict against Petitioner?

4. Did the Second Circuit's decision below disregard this Court's repeated holdings that qualified immunity is immunity from suit, not merely immunity from judgment, when it declined to define or decide the immunity questions despite a robust record containing undisputed facts?

Question Presented (AI Summary)

Does the doctrine of qualified immunity shield a police officer from suit

Docket Entries

2022-10-03
Motion for leave to file amicus brief filed by National Police Association GRANTED.
2022-10-03
Petition DENIED.
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-06
Brief of respondent Chrystal Scism, Individually and as Adminstratix of the Estate of Joshua Scism in opposition filed.
2022-06-06
Motion for leave to file amicus brief filed by National Police Association.
2022-04-29
Petition for a writ of certiorari filed. (Response due June 6, 2022)

Attorneys

Chrystal Scism, Individually and as Adminstratix of the Estate of Joshua Scism
Andrew Glen FinkelsteinFinkelstein & Partner, LLP, Respondent
Detective Brett Ferris
Gregg Tyler JohnsonJohnson & Laws, LLC, Petitioner
National Police Association
Robert S. LafferrandrePierce Couch Hendirckson Baysinger & Green, LLP, Amicus