City of Fort Worth, Texas v. Darden
Petition for certiorari denied on October 1, 2018.
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.
Recommended Citation: City of Fort Worth, Texas v. Darden, SCOTUSblog, https://www.scotusblog.com/cases/city-of-fort-worth-texas-v-darden/