Eric Gomez, Petitioner v. David Saccoccio

Officer Eric Gomez is asking the Supreme Court to review a Ninth Circuit decision in a Fourth Amendment excessive-force case. The appeals court revived David Saccoccio's suit after he was hit in the arm by a single less-lethal foam round while ignoring commands, climbing a fence into a private yard, and violating an emergency curfew order.

The case is still at the petition stage, and oral argument has not been scheduled. Gomez argues the Ninth Circuit wrongly let courts read multiple factually different cases together instead of looking for close factual matches.

The case could affect when police officers can be sued for money damages after force is used in a fast-moving encounter. For example, it could shape whether courts need a very similar past case before an officer loses qualified immunity (a shield unless prior law clearly gave notice).

It asks whether courts can combine broad principles from different cases to say a Fourth Amendment right was clearly established. Gomez says courts should need closer factual matches.

Police officers and people suing over alleged excessive force could be affected. The answer may shape when officers face damages for split-second force decisions.

The justices must decide whether to grant certiorari (agree to hear the case). If they do, the Court would later schedule briefing and oral argument.