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Fox v. Campbell

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-848 6th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Fourth Amendment standard for evaluating unreasonable force claims established in Graham v. Connor or the Fourteenth Amendment standard for evaluating actions of law enforcement announced in County of Sacramento v. Lewis applies when law enforcement shoots but misses the intended target and an unknown occupant of the residence; (2) whether the U.S. Court of Appeals for the 6th Circuit departed from this court’s precedents by denying qualified immunity to petitioner and concluding that respondents were seized when petitioner fired shots but missed; (3) whether, if the Fourth Amendment standard applies, the 6th Circuit properly applied this court’s decision in Graham in concluding that petitioner was not entitled to qualified immunity when he fired shots in self-defense and not to apprehend a suspect; and (4) whether the 6th Circuit erred in determining that it was clearly established by precedent not from this court that respondents had been seized and petitioner used excessive force in violation of the Fourth Amendment.

DateProceedings and Orders (key to color coding)
Dec 13 2022Application (22A531) to extend the time to file a petition for a writ of certiorari from January 1, 2022 to March 2, 2022, submitted to Justice Kavanaugh.
Dec 16 2022Application (22A531) granted by Justice Kavanaugh extending the time to file until March 2, 2023.
Mar 02 2023Petition for a writ of certiorari filed. (Response due April 7, 2023)