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City of Fort Worth, Texas v. Darden

Certiorari Denied

Petition for certiorari denied on October 1, 2018.

Docket No.17-1476
Op. Below5th Cir.

Issue

(1) Whether the U.S. Court of Appeals for the 5th Circuit erred in reversing the district court"s grant of qualified immunity to the officers by basing its analysis only on Darden"s subjective reasons for resisting; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred by failing to identify any appropriate clearly established law, given it effectively declared a fact issue to exist only as to why (not if) Darden struggled against the officers, and then defined clearly established law only by the high-level and inapplicable proposition that officers cannot use force against a non-resisting suspect.

Proceedings & orders timeline

Apr 23, 2018
Petition for a writ of certiorari filed. (Response due May 29, 2018)
Apr 30, 2018
Waiver of right of respondent Eric C. Darden to respond filed.
May 8, 2018
DISTRIBUTED for Conference of 5/24/2018.
May 14, 2018
Response Requested. (Due June 13, 2018)
Jun 12, 2018
Motion to extend the time to file a response from June 13, 2018 to July 13, 2018, submitted to The Clerk.
Jun 19, 2018
Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2018.
Jul 13, 2018
Brief of respondent Eric C. Darden in opposition filed.
Jul 30, 2018
Reply of petitioners City of Fort Worth, Texas, et al. filed. (Distributed)
Aug 1, 2018
DISTRIBUTED for Conference of 9/24/2018.
Oct 1, 2018
Petition DENIED.

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