No. 23-1190

Alexsey Predybaylo v. Sacramento County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2024-05-03
Status: Denied
Type: Paid
Tags: civil-rights due-process excessive-force municipal-liability pre-trial-detainee qualified-immunity strip-search
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Is an officer's intentional use of
substantial and aggressive force against a pre-trialdetainee in response to mere
passive resistance to a
strip search an example of a "rare obvious case,where the unlawfulness of the officer's conduct issufficiently clear even though existing precedentdoes not address similar circumstances" precludingqualified immunity?

2. Is a municipality liable for an injury
caused by its official policy that allows the use ofsubstantial and aggressive force against a pre-trialdetainee for mere
passive resistance to a strip
search?

Question Presented (AI Summary)

Is an officer's intentional use of substantial and aggressive force against a pre-trial detainee in response to mere passive resistance to a strip search an example of a 'rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances' precluding qualified immunity?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-04-23
Petition for a writ of certiorari filed. (Response due June 3, 2024)

Attorneys

Alexsey Predybaylo
Patrick Henry DwyerPatrick H. Dwyer, Attorney at Law, Petitioner