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Martin v. Castro

Petition for certiorari denied on February 22, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-533 9th Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether, when a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed to be in possession of a deadly weapon and under the influence of an illegal stimulant, the Fourth Amendment is violated when the K9"s handler commands the K9 to release the suspect within seconds after the suspect is handcuffed and ceases resisting arrest; (2) whether the U.S. Court of Appeals for the 9th Circuit erred when it failed to consider the totality of the circumstances in assessing the reasonableness of force used to restrain a suspect with a known history of violent crime who is actively resisting arrest and is believed to be in possession of a deadly weapon and under the influence of an illegal stimulant; and (3) whether the 9th Circuit violated City and County of San Francisco v. Sheehan and other binding precedent when it denied a police officer qualified immunity by defining clearly established law at too high a level of generality.

DateProceedings and Orders (key to color coding)
10/07/2021Petition for a writ of certiorari filed. (Response due November 12, 2021)
11/09/2021Motion to extend the time to file a response from November 12, 2021 to January 11, 2022, submitted to The Clerk.
11/09/2021Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2022.
11/11/2021Brief amicus curiae of National Police Association filed.
01/11/2022Brief of respondent Carlos Castro in opposition filed.
01/25/2022Reply of petitioners Brad Martin, et al. filed. (Distributed)
01/26/2022DISTRIBUTED for Conference of 2/18/2022.
02/22/2022Petition DENIED.