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Fox v. Campbell

Petition for certiorari denied on October 2, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-848 6th Cir. N/A N/A N/A N/A OT 2023

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.

SCOTUSblog Coverage

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)
Apr 06 2023Waiver of right of respondent Mark Campbell, et ux. to respond filed.
Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
May 01 2023Response Requested. (Due May 31, 2023)
May 15 2023Motion to extend the time to file a response from May 31, 2023 to June 30, 2023, submitted to The Clerk.
May 16 2023Motion to extend the time to file a response is granted and the time is extended to and including June 30, 2023.
Jun 30 2023Brief of respondents Mark Campbell, et ux. in opposition filed.
Jul 19 2023DISTRIBUTED for Conference of 9/26/2023.
Oct 02 2023Petition DENIED.