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Editor's Note :

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Gelhaus v. Estate of Andy Lopez

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1354 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit improperly departed from the Supreme Court’s decision in White v. Pauly and numerous other cases when it denied qualified immunity notwithstanding the absence of clearly established law imposing liability under circumstances closely analogous to those confronting the petitioner in this case; and (2) whether the lower court improperly departed from the Supreme Court’s decisions in Graham v. Connor and Plumhoff v. Rickard when it denied qualified immunity based on the absence of a constitutional violation given that the undisputed facts established that the petitioner acted reasonably in responding to the threat of a suspect turning towards him while raising the barrel of what appeared to be an assault rifle.

DateProceedings and Orders
Mar 22 2018Petition for a writ of certiorari filed. (Response due April 26, 2018)
Apr 26 2018Motion for leave to file amici brief filed by International Municipal Lawyers Assoc and Calif State Assoc of Counties.
Apr 26 2018Brief of respondents Estate of Andy Lopez, by and through successors in interest, Rodrigo Lopez and Sujay Cruz in opposition filed.
Apr 26 2018Motion for leave to file amici brief filed by Peace Officers' Research Association of California, et al.
Apr 26 2018Motion for leave to file amici brief filed by Force Litigation Consulting LLC, et al.
Apr 26 2018Motion for leave to file amici brief filed by California State Sheriffs' Association; California Police Chiefs Association; California Peace Officers' Association.
May 11 2018Reply of petitioner Erick Gelhaus filed. (Distributed)
May 15 2018DISTRIBUTED for Conference of 5/31/2018.
Jun 04 2018DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018DISTRIBUTED for Conference of 6/14/2018.
 
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