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Rivas-Villegas v. Cortesluna

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1539 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit departed from the Supreme Court’s decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to Daniel Rivas-Villegas based upon the absence of a constitutional violation, by concluding that pushing a suspect down with a foot and briefly placing a knee against the back of a prone, armed suspect while handcuffing him, could constitute excessive force; and (2) whether the 9th Circuit departed from the Supreme Court’s decision in Kisela v. Hughes and numerous other cases by denying qualified immunity even though two judges concluded the use of force was reasonable, and notwithstanding the absence of clearly established law imposing liability under circumstances closely analogous to those confronting Rivas-Villegas.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 30 2021Petition for a writ of certiorari filed. (Response due June 4, 2021)
Jun 01 2021Brief amici curiae of California State Sheriffs' Assoc., California Police Chiefs Assoc., California Peace Officers' Assoc. filed.
Jun 02 2021Brief of respondent Ramon Cortesluna in opposition filed.
Jul 08 2021Reply of petitioner Daniel Rivas-Villegas filed.
Jul 14 2021DISTRIBUTED for Conference of 9/27/2021.