Editor's Note :

close editor's note Editor's Note :

The Supreme Court released orders from the November 16 conference this morning. The justices did not add any cases to their merits docket.

City of Escondido, California v. Emmons

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1660 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.

DateProceedings and Orders (key to color coding)
Jun 08 2018Petition for a writ of certiorari filed. (Response due July 12, 2018)
Jul 11 2018Waiver of right of respondent Marty Emmons to respond filed.
Jul 18 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 25 2018Response Requested. (Due August 24, 2018)
Aug 20 2018Motion to extend the time to file a response from August 24, 2018 to September 24, 2018, submitted to The Clerk.
Aug 28 2018Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
Sep 24 2018Brief of respondent Marty Emmons in opposition filed.
Oct 10 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Oct 31 2018Record Requested.
Nov 02 2018Record received from U.S.C.A. for the Ninth Circuit (one envelope). The remaining record is electronic and available on PACER.
Nov 05 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018DISTRIBUTED for Conference of 11/16/2018.
 
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