No. 24-5247

Eric Cruz v. Officer Domingo Cervantez

Lower Court: Fifth Circuit
Docketed: 2024-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act
Latest Conference: 2024-09-30
Question Presented (from Petition)

(I)
Did the U S District courts ,failure to allow relevant evidence
into trial proceeding violate ,Brady Rule of Evidence under
Brad
■Out.iv v Maryland 373 U.S.83 (see page four)
Pfocu,^ V)&c*\ - AUo i&'ojW -to V\tsve l. SGYl^ P'TDCtSS

(XI)
Did the District Courts abuse it's discretion by submitting to
the jury the question of objectticnal reasonableness of Certanez
behavior-mistakenly /injected an"objectively unreasonable" ele
ment, into clearly established law prong of qualified immunity ana
lysis.? Aywedcv

(m)
Did Certanez action ,violate Cruz's right to be free from harm hei
led,under the Eight Amendment of the United States Constitution.
Did the action or the failure to act properly by Certanez violate
Texas Safe Prison Act?

Question Presented (AI Summary)

Did the U.S. District courts' failure to allow relevant evidence into trial proceedings violate the Brady Rule of Evidence under Brady v. Maryland, 373 U.S. 83, and the Due Process Clause of the 5th and 14th Amendments?

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of Officer Cervantez of right to respond submitted.
2024-09-05
Waiver of right of respondent Officer Cervantez to respond filed.
2024-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2024)
2024-05-14
Application (23A1005) granted by Justice Alito extending the time to file until September 20, 2024.
2024-05-01
Application (23A1005) to extend the time to file a petition for a writ of certiorari from July 22, 2024 to September 20, 2024, submitted to Justice Alito.

Attorneys

Eric Cruz
Eric Cruz — Petitioner
Officer Cervantez
Matt Douglas MatznerCrenshaw, Dupree & Milam, LLP, Respondent