In its conference of March 31, 2017, the court will consider petitions involving issues such as whether the Alien Tort Statute categorically forecloses corporate liability; whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment; and whether the U.S. Court of Appeals for the 10th Circuit incorrectly narrowed qualified immunity when it held that officers clearly lacked reasonable suspicion for the brief detention of a driver after a valid traffic stop until a drug detection dog arrived and alerted to the driver’s car.

16-111

Issue: Whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment.

16-499

Issue: Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability.

16-515

Issue: Whether, when a police officer shoots an unarmed person in the back and the person testifies that he was merely walking away when shot, a court may grant summary judgment to the officer in a suit for excessive force by concluding that it is an “undisputed fact” that the person reached for his waistband just because the officer said he did.

16-778

Issue: Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability.

16-805

Issues: (1) Whether the U.S. Court of Appeals for the 10th Circuit, in a divided 2-1 decision, incorrectly narrowed qualified immunity and failed to faithfully apply the Supreme Court’s precedents when it held that officers clearly lacked reasonable suspicion for the brief detention of a driver after a valid traffic stop until a drug detection dog arrived and alerted to the driver’s car; and (2) whether the 10th Circuit erred by doing precisely what the Supreme Court instructed lower courts not to do in United States v. Arvizu, which was to use a divide-and-conquer approach to reasonable suspicion and proceed to dismiss individual factors as innocuous in isolation rather than consider all factors collectively, i.e., the totality of the circumstances.

16-881

Issues: (1) Whether, viewing the evidence from the officer’s perspective at the time of the incident as shown in the dashboard video, a reasonable officer could have believed that the decedent posed an imminent threat of serious harm to the officer or others in the vicinity; and (2) whether, at the time of the incident, the law clearly established in a particularized sense, considering the evidence available including the dashboard video, that the use of deadly force was unlawful in this situation.

16-6795

Issues: (1) Whether reasonable jurists could disagree that, by anticipatorily applying a procedural default not actually grounded in state law, a district court abused its discretion when it refused a routine stay and amendment necessary to exhaust claims associated with newly discovered evidence revealing overt discrimination in the prosecution’s decision to seek the death penalty; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred in holding that 18 U.S.C. § 3599(f) withholds “reasonably necessary” resources to investigate and develop an ineffective-assistance-of-counsel claim that state habeas counsel forfeited, where the claimant’s existing evidence does not meet the ultimate burden of proof at the time the Section 3599(f) motion is made.

Posted in Cases in the Pipeline

Recommended Citation: Kate Howard, Petitions to watch | Conference of March 31, SCOTUSblog (Mar. 29, 2017, 10:49 AM), http://www.scotusblog.com/2017/03/petitions-watch-conference-march-31/