No. 25-738
Nick Kosmalski v. Sherrell King
Response Waived
Tags: excessive-force fourth-amendment handcuffing qualified-immunity reasonableness-standard traffic-stop
Latest Conference:
2026-01-23
Question Presented (from Petition)
Whether the Sixth Circuit's three-factor tight handcuffing test, a brightline rule as stated and as applied in this case to deny qualified immunity, fails to comport with the Fourth Amendment and Graham v. Connor, 490 U.S. 386 (1989) because the test does not require or permit a court to consider whether the officer's actions are reasonable under the circumstances.
Question Presented (AI Summary)
Whether the Sixth Circuit's three-factor tight handcuffing test fails to comport with the Fourth Amendment and Graham v. Connor because the test does not require or permit a court to consider whether the officer's actions are reasonable under the circumstances
Docket Entries
2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2026-01-06
Waiver of right of respondent Sherrell King to respond filed.
2025-12-15
Petition for a writ of certiorari filed. (Response due January 21, 2026)
Attorneys
Nick Kosmalski
Josephine A. DeLorenzo — Plunkett Cooney, Petitioner
Sherrell King
Joel B. Sklar — Joel B. Sklar, Attorney at Law, Respondent