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