No. 24-919

Mike Miller v. Dillon Rock

Lower Court: Ninth Circuit
Docketed: 2025-02-26
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: excessive-force fourth-amendment law-enforcement police-canine qualified-immunity use-of-force
Key Terms:
SocialSecurity FourthAmendment JusticiabilityDoctri
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (from Petition)

1. Did the Ninth Circuit depart from this
Court's decisions in Graham v. Connor, 490 U.S.
386 (1989) and Plumhoff v. Rickard, 572 U.S. 765
(2014) in denying qualified immunity to Miller
based upon the absence of a constitutional violation,
where the duration of a law enforcement canine's
bite lasts only while a reportedly armed suspect
resists arrest and ends when officers gain control of
the suspect ?

2. Did the Ninth Circuit err by
concluding that Rock's unspoken state of mind as he
was being bit and held by Toby is a material fact
that must be resolved by a jury before applying
qualified immunity?

3. Did the Ninth Circuit fail to analyze
Rock's conduct, and Officer Miller's response to that conduct, by reference to multiple body worn camera footage clearly showing the facts and circumstances of Rock's arrest, including his active resistance?

4. Did the Ninth Circuit err in denying Miller
qualified immunity by considering clearly
established law at too high a level of generality
rather than giving particularized consideration to
the facts and circumstances of this case?

Question Presented (AI Summary)

Whether the Ninth Circuit erred in denying qualified immunity to a police canine officer for the duration of a canine bite during an arrest of an armed, resisting suspect

Docket Entries

2025-10-06
Petition DENIED.
2025-07-16
DISTRIBUTED for Conference of 9/29/2025.
2025-06-26
Brief of Dillon Rock in opposition submitted.
2025-06-26
2025-05-27
Motion to extend the time to file a response is granted and the time is extended to and including June 30, 2025. See Rule 30.1.
2025-05-21
Motion to extend the time to file a response from May 29, 2025 to June 28, 2025, submitted to The Clerk.
2025-05-08
Application (24A1078) denied by Justice Kagan.
2025-05-05
Emergency Motion to Stay Trial Proceedings Pending Petition for Writ of Certiorari of Mike Miller submitted.
2025-05-05
Application (24A1078) for a stay, submitted to Justice Kagan.
2025-04-29
Response Requested. (Due May 29, 2025)
2025-04-29
Record Requested.
2025-04-29
Electronic records received from the U.S. Court of Appeals for the Ninth Circuit. The remaining record is available on PACER.
2025-04-16
DISTRIBUTED for Conference of 5/2/2025.
2024-12-26

Attorneys

Dillon Rock
Charles Anthony PiccutaScottsdale Injury Lawyers, LLC, Respondent
C. Tony PicuttaScottsdale Injury Lawyers, LLC, Respondent
Mike Miller
James M. JellisonJellison Law Offices, PLLC, Petitioner