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Ferris v. Scism

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1422 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Fourth Amendment requires a police officer to wait until an armed suspect points the barrel of his handgun in the officer’s direction before the officer can deploy lethal force to protect himself and innocents in the area; (2) whether the U.S. Court of Appeals for the 2nd Circuit erred in denying Detective Brett Ferris qualified immunity without even identifying what material facts defined the immunity questions; (3) whether the 2nd Circuit erred in deferring the qualified immunity questions to the “post-verdict” stage of the trial so that immunity would only be addressed in the event a jury issued a verdict against Ferris; and (4) whether the 2nd Circuit’s decision below disregarded the Supreme Court’s repeated holdings that qualified immunity is immunity from suit, not merely immunity from judgment, when it declined to define or decide the immunity questions despite a robust record containing undisputed facts.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 29 2022Petition for a writ of certiorari filed. (Response due June 6, 2022)
Jun 06 2022Brief of respondent Chrystal Scism, Individually and as Adminstratix of the Estate of Joshua Scism in opposition filed.
Jun 06 2022Motion for leave to file amicus brief filed by National Police Association.
Jun 22 2022DISTRIBUTED for Conference of 9/28/2022.