
by Dave Waddell
The City of Chico has escalated its increasingly expensive legal fight with the family of Tyler Rushing by petitioning the highest court in the land.
A Southern California law firm last week filed a motion on behalf of the City with the U.S. Supreme Court seeking to overturn an appellate court ruling that ordered part of the Rushing family’s wrongful death lawsuit against the City to proceed to trial.
Seth Stoughton, a top expert on police use of force and a professor of law at the University of South Carolina, said in an email reply to questions that the City’s so-called petition for writ of certiorari has a “snowball-in-hell chance” of being granted by the high court.
“I seriously doubt the Court will get involved; this is the type of fact-bound case that the Court does not usually grant cert for,” said Stoughton, an ex-cop who is somewhat familiar with the facts surrounding the shooting of Rushing by Chico police in 2017.