No. 21-1559

Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook

Lower Court: Eleventh Circuit
Docketed: 2022-06-14
Status: Denied
Type: Paid
Tags: civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the "clearly established law" prong of a qualified immunity defense under the Fourth Amendment, analyze whether there are reasons, separate and apart from factually analogous precedent, why a reasonable officer could still have "fair notice" that his actions are unconstitutional, taking into account the "totality of the circumstances" confronted by the officer?

2. In addressing the touchstone question of whether prior precedent can give "fair notice" to an officer that his conduct is unconstitutional, is it proper for the court to limit its inquiry to the moment deadly force was used without considering whether a prior warning was "feasible" during a time when the suspect did not pose an immediate threat of harm to the officer or others?

3. In a case involving the use of deadly force against an armed suspect, does the Eleventh Circuit's holding that—in order to reach the level of "fair notice" required to defeat an officer's qualified immunity—prior precedent must clearly establish that a warning must be given "at the earliest possible time" conflict with this Court's precedent in Tennessee v. Garner, 471 U.S. 1 (1985) that a warning is required where it was feasible to do so?

Question Presented (AI Summary)

When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the 'clearly established law' prong of a qualified immunity defense under the Fourth Amendment, analyze whether there are reasons, separate and apart from factually analogous precedent, why a reasonable officer could still have 'fair notice' that his actions are unconstitutional, taking into account the 'totality of the circumstances' confronted by the officer?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-17
DISTRIBUTED for Conference of 9/28/2022.
2022-08-11
Reply of petitioners Sharon Powell, et al. filed.
2022-08-03
Brief of respondent Jennifer Snook, as Executrix for the Estate of Patrick Snook in opposition filed.
2022-07-06
Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2022.
2022-07-05
Motion to extend the time to file a response from July 14, 2022 to August 4, 2022, submitted to The Clerk.
2022-06-09
Petition for a writ of certiorari filed. (Response due July 14, 2022)

Attorneys

Jennifer Snook
Terry E. WilliamsWilliams, Morris & Blum, LLC, Respondent
Sharon Powell, et al.
Bruce McCord EdenfieldBruce M. Edenfield, P.C., Petitioner