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McKnight v. Peterson

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of White v. Pauly, 580 U. S. ____ (2017) (per curiam).

Docket No.16-1003

Issue

(1) Whether, viewing the facts from the petitioner's perspective, he acted reasonably, under the Fourth Amendment, in firing in self defense, when an officer in his situation would believe that the suspect was armed, was suspected of a violent crime, refused to show his concealed hand, refused commands, and came at the officer; and (2) whether the petitioner was entitled to qualified immunity, when existing precedent did not clearly establish that the use of deadly force was unlawful under the particular situation faced by the officer, and the U.S. Court of Appeals for the 9th Circuit's analysis contravened the U.S. Supreme Court's explicit directions.

Proceedings & orders timeline

Feb 13, 2017
Petition for a writ of certiorari filed. (Response due March 20, 2017)
Apr 5, 2017
DISTRIBUTED for Conference of April 21, 2017.
Apr 12, 2017
Response Requested . (Due May 12, 2017)
May 3, 2017
Brief of respondent Steven O. Peterson, on Behalf of L. P., a Minor and Beneficiary and as Personal Representative of the Estate of Steven V. Peterson in opposition filed.
May 23, 2017
DISTRIBUTED for Conference of June 8, 2017.
May 23, 2017
Reply of petitioners Matthew McKnight, et al. filed. (Distributed)
Jun 12, 2017
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of White v. Pauly, 580 U. S. ____ (2017) (per curiam).
Jul 14, 2017
JUDGMENT ISSUED.

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