No. 24A735

Latrisha Winder, as Next Friend of J. W., a Minor and as Personal Representative of the Estate of Stephen Wayne Winder, Deceased, et al. v. Joshua M. Gallardo, et al.

Lower Court: Fifth Circuit
Docketed: 2025-01-27
Status: Presumed Complete
Type: A
Tags: excessive-force fourth-amendment high-speed-pursuit qualified-immunity seizure use-of-force
Latest Conference: N/A
Question Presented (from Petition)

a. Whether the Court should reexamine and overrule its precedent on qualified immunity in civil actions under 42 U.S.C. § 1983 (Appendix A at 6) in light of recent scholarship and continued criticism of qualified immunity by Justices, Judges, and scholars.

b. Whether a Fourth Amendment violation occurred in the shooting death of a mentally ill and emotionally disturbed man in his own home by a 23-year-old rookie sheriff's deputy who entered the home during a welfare check without a warrant and without exigent circumstances—any exigent circumstances had dissipated—and confronted and killed the man, a husband and father of four. This question fairly comprises whether the deputy's unconstitutional entry invokes the Fifth Circuit's questionable "moment-of-threat" doctrine on Petitioners' excessive-force claim. On October 4, 2024, the Court granted "cert." on the Fifth Circuit's moment-of-threat doctrine in Barnes v. Felix, No. 23-1239. The deputy's unconstitutional entry led to the putative moment of threat and the shooting of a man who Petitioners plausibly pleaded was unarmed, and which, but for the moment-of-threat doctrine, should result in denial of qualified immunity at the pleadings stage on Petitioners' excessive-force claim.

c. Whether the Fifth Circuit's application of its judicially created exigent-circumstances test for a claim for disability discrimination involving law enforcement under Title II of the Americans with Disabilities Act (Appendix A at 12) conflicts with the ADA and with other circuits. Here, the county received a call for a welfare check, was informed of the subject's mental-illness disability in that call, and fai

Question Presented (AI Summary)

Whether a law enforcement officer's use of force during a high-speed pursuit constitutes an unreasonable seizure in violation of the Fourth Amendment

Docket Entries

2025-02-10
Application (24A735) granted by Justice Alito extending the time to file until March 10, 2025.
2025-02-05
Application of Latrisha Winder, et al. for a further extension of time submitted.
2025-02-05
Application (24A735) to extend further the time from February 17, 2025 to March 10, 2025, submitted to Justice Alito.
2025-01-22
Application (24A735) to extend the time to file a petition for a writ of certiorari from February 3, 2025 to February 17, 2025, submitted to Justice Alito.
2025-01-19
Application (24A735) granted by Justice Alito extending the time to file until February 17, 2025.

Attorneys

Latrisha Winder, et al.
Stephen Wayne KotaraCurnutt & Hafer, LLP, Petitioner