The petitions of the day are:

Agarano v. Mattos

Docket: 11-1032
Issue(s): Whether the officers’ use of a Taser on Jayzel Mattos was excessive force under the Fourth Amendment to the U.S. Constitution?

Certiorari stage documents:

Daman v. Brooks

Docket: 11-898
Issue(s): (1) Whether – when officers applied a Taser to the plaintiff, who was under arrest and resisting officers’ efforts to remove her from her car – the Ninth Circuit erred in finding the Taser use unconstitutional where (a) it was the least risky pain compliance option available, and (b) the decision is in conflict with Graham v. Connor’s holding that an arrest necessarily carries with it the authority to use some degree of force; (2) whether the Ninth Circuit erred in holding that the plaintiff stated a Fourth Amendment excessive force claim despite declaring that the record was insufficient to assess the level of force presented by the drive-stun Taser, particularly where the court failed to address whether any less-risky alternatives were available to the officers; (3) whether the Ninth Circuit should have found the use of the Taser constitutional as a matter of law where the officers chose the least risky force option, the result reached by the original Ninth Circuit panel; and (4) whether the Ninth Circuit’s opinion conflicts with other circuits’ decisions on Taser pain compliance applications in similar circumstances.

Certiorari stage documents:

Mattos v. Agarano

Docket: 11-1165
Issue(s): (1) Whether a reasonable official would have understood that it was excessive force in violation of the Fourth Amendment for a police officer to rush into a situation with other officers present and deploy a Taser against a suspect in her own home who was not a potential threat to the officers or the public, who was not actively resisting arrest, and was simply attempting to calm a heated situation and comply with another officer’s instructions to speak outside of her house; and (2) whether summary judgment was properly denied in an excessive force case where genuine issues of disputed fact existed as to whether the use of the Taser on Jayzel Mattos was reasonable.

Certiorari stage documents:

Brooks v. Daman

Docket: 11-1045
Issue(s): Whether any reasonable official would have understood that it was excessive force in violation of the Fourth Amendment for police officers to deploy a Taser, three times over the course of less than one minute, against a woman who was seven months pregnant, simply because the woman refused to exit her vehicle during a routine traffic stop?

Certiorari stage documents:

Posted in Agarano v. Mattos, Brooks v. Daman, Mattos v. Agarano, Daman v. Brooks, Cases in the Pipeline

Recommended Citation: Matthew Bush, Petitions of the day, SCOTUSblog (Apr. 10, 2012, 1:40 PM), http://www.scotusblog.com/2012/04/petitions-of-the-day-8/