Jose Peroza-Benitez v. Darren Smith, et al
| NICHOLAS EPOLITO and OFFICER DANIEL WHITE |
| C.I. MICHAEL PERKINS, C.I. KEVIN HASER and C.I. DARREN C. SMITH |
| JOSE ANTONIO PEROZA-BENITEZ |
| 20-1390 |
| February 25, 2020 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 42
MANDATE ISSUED. (PDB) [Entered: 04/30/2021 08:33 AM]
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Filing 41
JUDGMENT, VACATED and REMANDED. Costs shall be taxed against the Appellee. All of the above in accordance with the Opinion of this Court. (PDB) [Entered: 04/08/2021 08:54 AM]
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Filing 40
PRECEDENTIAL OPINION. Coram: JORDAN, KRAUSE and RESTREPO, Circuit Judges. Total Pages: 21. Judge: RESTREPO Authoring. (PDB) [Entered: 04/08/2021 08:49 AM]
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Filing 39
ARGUED on Wednesday, November 18, 2020. Panel: JORDAN, KRAUSE and RESTREPO, Circuit Judges. Tricia M. Ambrose arguing for Appellees Nicholas Epolito,Kevin Haser, Michael Perkins,Darren C. Smith; Tyson Herrold arguing for Appellant Jose Antonio Peroza-Benitez. (TLG) [Entered: 11/18/2020 08:46 AM]
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Filing 38
ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Tyson Herrold, Esq. for Appellant Jose Antonio Peroza-Benitez. Case Summary: The Officers used unreasonable force when they (i) punched Mr. Peroza while he was hanging from a two-story window and (ii) tased him after he was knocked unconscious. Qualified immunity is improper because clearly established law prohibited their conduct.. Post Video: YES. [20-1390] (TH) [Entered: 11/05/2020 12:44 PM]
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Filing 37
ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney David J. MacMain, Esq. for Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White. Case Summary: The Officers use of stunning blows and a taser on the Appellant was reasonable. The Officers were properly granted qualified immunity as their conduct did not violate a clearly established constitutional right of Appellant.. Post Video: YES. [20-1390] (DJM) [Entered: 11/05/2020 10:56 AM]
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Filing 36
Oral Argument Notification for Wednesday, 11/18/2020. Setting & Time: Zoom/9:30am. Location: Remote Participation. (TLG) [Entered: 10/30/2020 01:22 PM]
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Filing 35
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Tyson Herrold, Esq. for Appellant Jose Antonio Peroza-Benitez. Certificate of Service dated 10/08/2020. Service made by ECF. [20-1390] (TH) [Entered: 10/08/2020 02:42 PM]
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Filing 34
ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Tricia M. Ambrose, Esq. for Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White. Certificate of Service dated 10/07/2020. Service made by ECF. [20-1390] (TMA) [Entered: 10/07/2020 11:42 AM]
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Filing 33
Calendared for Friday, 11/20/2020. Calendar Clerk: TLG. (TLG) [Entered: 10/07/2020 10:18 AM]
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Filing 32
HARD COPY RECEIVED from Appellant Jose Antonio Peroza-Benitez - Reply Brief. Copies: 7. (RM) [Entered: 09/03/2020 11:33 AM]
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Filing 31
ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Jose Antonio Peroza-Benitez. Certificate of Service dated 09/02/2020 by ECF. [20-1390] (TH) [Entered: 09/02/2020 02:03 PM]
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Filing 30
EXHIBIT(S) [4 USB Flash Drives] on behalf of Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White. Location: Safe. SEND TO MERITS PANEL (RM) [Entered: 08/27/2020 01:26 PM]
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Filing 29
HARD COPY RECEIVED from Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White - Brief. Copies: 7. (RM) [Entered: 08/27/2020 01:24 PM]
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Filing 28
ORDER (Clerk) The foregoing motion is granted. Appellees are directed to submit four (4) USB flash drives consisting of the of the audio recordings within seven (7) days from the date of this order. Counsel must certify that the audio recordings on the flash drive have been subject to a virus detection program and no virus was detected. The certification does not need to be included on the flash drive but can be referenced in a cover letter.. (EAF) [Entered: 08/25/2020 01:36 PM]
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Filing 27
ECF FILER: Motion filed by Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White to File the Supplemental Appendix as a media file. Certificate of Service dated 08/12/2020. Service made by ECF. --[Edited 08/13/2020 by EAF - Text edited] [20-1390] (DJM) [Entered: 08/12/2020 02:31 PM]
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Filing 26
ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Nicholas Epolito, Kevin Haser, Michael Perkins, Darren C. Smith and Daniel White. Certificate of Service dated 08/12/2020 by ECF. [20-1390] (DJM) [Entered: 08/12/2020 02:24 PM]
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Filing 25
ORDER (Clerk) The motions are granted. Appellees brief must be filed and served on or before August 13, 2020. At the time of filing their brief, Appellees may file a supplemental appendix consisting of documents from the District Court record that they believe are necessary for the litigation of the appeal, filed. (PDB) [Entered: 07/31/2020 11:40 AM]
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Filing 24
ECF FILER: Motion filed by Appellees Kevin Haser and Daniel White to supplement the appendix. Certificate of Service dated 07/23/2020. Service made by ECF. [20-1390] (DJM) [Entered: 07/23/2020 04:03 PM]
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Filing 23
ECF FILER: UNOPPOSED Motion filed by Appellees Kevin Haser and Daniel White for Extension of Time to file Responsive Brief until/for 14 days. Certificate of Service dated 07/23/2020. Service made by ECF. [20-1390] (DJM) [Entered: 07/23/2020 03:56 PM]
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Filing 22
HARD COPY RECEIVED from Appellant Jose Antonio Peroza-Benitez - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (GPK) [Entered: 07/15/2020 12:38 PM]
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Filing 21
HARD COPY RECEIVED from Appellant Jose Antonio Peroza-Benitez - Brief with Volume I of Appendix attached. Copies: 7. (KEL) [Entered: 07/02/2020 11:50 AM]
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Filing 20
ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Jose Antonio Peroza-Benitez. Certificate of Service dated 06/30/2020 by ECF. [Entry edited to reflect attachments] [20-1390]--[Edited 07/02/2020 by EMA] (TH) [Entered: 06/30/2020 05:42 PM]
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Filing 19
ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant Jose Antonio Peroza-Benitez. Certificate of service dated 06/30/2020 by ECF. [20-1390] (TH) [Entered: 06/30/2020 05:35 PM]
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Filing 18
Appellant Jose Antonio Peroza-Benitez verbally granted an extension of time to file brief & appendix until 06/30/2020. pursuant to Third Cir. LAR 31.4. (PDB) [Entered: 06/11/2020 02:20 PM]
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Filing 17
BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Jose Antonio Peroza-Benitez due on or before 06/16/2020. Appendix due on or before 06/16/2020. (PDB) [Entered: 05/07/2020 11:44 AM]
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Filing 16
ORDER (Clerk) vacating briefing notice issued on 03/16/2020. (PDB) [Entered: 04/24/2020 10:04 AM]
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Filing 15
Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. (TNH) [Entered: 03/25/2020 10:56 AM]
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Filing 14
ECF FILER: ENTRY OF APPEARANCE from Tricia M. Ambrose on behalf of Appellee(s) C.I. Darren C. Smith, C.I. Kevin Haser, C.I. Michael Perkins, Officer Daniel White and Officer Nicholas Epolito. [20-1390] (TMA) [Entered: 03/18/2020 11:24 AM]
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Filing 13
ECF FILER: ENTRY OF APPEARANCE from David J. MacMain on behalf of Appellee(s) C.I. Darren C. Smith, C.I. Nicholas Epolito, C.I. Michael Perkins, C.I. Nicholas Epolito and C.I. Daniel White. [20-1390] (DJM) [Entered: 03/18/2020 08:09 AM]
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Filing 12
ECF FILER: ENTRY OF APPEARANCE from Tricia M. Ambrose on behalf of Appellee(s) C.I. Darren C. Smith, C.I. David Lehman, C.I. Eric Honick, C.I. Nicholas Epolito, C.I. Michael Perkins, C.I. Daniel White, C.I. Brian Errington, C.I. James T. Kennedy, SGT. Robert W. Gilbert, C.I. Kevin Hazer, C.I. Gresh, C.I. Hope, and C.I. Leazier. [20-1390] Corrected Entry of appearance filed listing the correct Appellees on 03/18/20. This one will be deleted.--[Edited 03/18/2020 by PDB] (TMA) [Entered: 03/17/2020 04:12 PM]
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Filing 11
BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Jose Antonio Peroza-Benitez due on or before 04/27/2020. Appendix due on or before 04/27/2020. (LMR) [Entered: 03/16/2020 11:14 AM]
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Filing 10
ECF FILER: ENTRY OF APPEARANCE from David J. MacMain on behalf of Appellee(s) C.I. Darren C. Smith, C.I. David Lehman, C.I. Eric Honick, C.I. Nicholas Epolito, C.I. Michael Perkins, C.I. Daniel White, C.I. Brian Errington, C.I. James T. Kennedy, SGT. Robert W. Gilbert, C.I. Kevin Hazer, C.I. Gresh, C.I. Hope, and C.I. Leazier. [20-1390] Form deleted. Corrected form with correct parties filed on 03/18/2020.--[Edited 03/18/2020 by PDB] (DJM) [Entered: 03/16/2020 09:08 AM]
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Filing 9
ECF FILER: ENTRY OF APPEARANCE from Kevin M. Bovard on behalf of Appellant(s) Jose Peroza-Benitez. [20-1390] (KMB) [Entered: 03/11/2020 03:24 PM]
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Filing 8
ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Jose Antonio Peroza-Benitez advising this court that no transcripts are available. [20-1390] (TH) [Entered: 03/11/2020 03:21 PM]
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Filing 7
FOLLOW UP LETTER to David J. MacMain, Esq. for Darren C. Smith, Kevin Haser and Michael Perkins requesting the following document(s): Appearance Form on or before 03/25/2020. (PDB) [Entered: 03/11/2020 10:44 AM]
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Filing 6
FOLLOW UP LETTER to Tyson Herrold, Esq. for Jose Antonio Peroza-Benitez requesting the following document(s): Transcript Purchase Order on or before 03/25/2020. (PDB) [Entered: 03/11/2020 10:41 AM]
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Filing 5
ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Jose Antonio Peroza-Benitez. [20-1390] (TH) [Entered: 03/10/2020 04:16 PM]
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Filing 4
ECF FILER: Concise Summary of the Case filed by Appellant Jose Antonio Peroza-Benitez. [20-1390] (TH) [Entered: 03/10/2020 04:15 PM]
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Filing 3
ECF FILER: ENTRY OF APPEARANCE from Tyson Y. Herrold on behalf of Appellant(s) Jose Peroza-Benitez. [20-1390] (TH) [Entered: 03/04/2020 09:30 AM]
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Filing 2
RECORD available on District Court CM/ECF. (PDB) [Entered: 02/25/2020 05:41 PM]
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Filing 1
CIVIL CASE DOCKETED. Notice filed by Appellant Jose Antonio Peroza-Benitez in District Court No. 5-17-cv-03980. (PDB) [Entered: 02/25/2020 05:38 PM]
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