No. 22-8

Anthony Momphard, Jr., Individually and in His Official Capacity as a Deputy Sheriff of the Macon County Sheriff's Department, et al. v. Melissa B. Knibbs, as Personal Representative of the Estate of Michael Scott Knibbs

Lower Court: Fourth Circuit
Docketed: 2022-07-01
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-rights constitutional-rights deadly-force due-process fourth-amendment law-enforcement police-use-of-force qualified-immunity use-of-force
Latest Conference: 2022-10-07 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justified lethal force; and

2. Whether the Fourth Circuit erred in defining Knibbs' constitutional right in a general sense when it stretched cases with superficial similarities (such as cases where a person was shot at home) to find Knibbs' right had been clearly established.

Question Presented (AI Summary)

Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justified lethal force

Docket Entries

2022-10-11
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Reply of petitioners Anthony Momphard, Jr., et al. filed. (Distributed)
2022-09-07
2022-08-08
Response Requested. (Due September 7, 2022)
2022-08-03
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondent Melissa B. Knibbs to respond filed.
2022-06-28

Attorneys

Anthony Momphard, Jr., et al.
Steven Andrew BaderCranfill Sumner LLP, Petitioner
Melissa B. Knibbs
Mark Russell MelroseMelrose Law PLLC, Respondent