SocialSecurity FourthAmendment JusticiabilityDoctri
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?
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