Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Montano v. Wilson

Petition for certiorari denied on October 15, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-162 10th Cir. N/A N/A N/A N/A OT 2013

Issue: 1. Whether the Tenth Circuit erred when it held that the obligation to ensure Gerstein v. Pugh probable cause determinations rests independently on the arresting officer, the elected sheriff, and the detention center warden, in their individual capacities, in contradiction of state law, the directive of the New Mexico Administrative Office of the Courts, the authority of other circuits, and common law, thereby subjecting all detention center wardens, sheriffs, and officers in the Tenth Circuit to potential punitive damages and voluminous litigation; and (2) whether, under County of Riverside v. McLaughlin , absent clear state authority to the contrary, the duty to ensure a prompt probable cause determination rests exclusively with the arresting officer.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 31 2013Petition for a writ of certiorari filed. (Response due September 4, 2013)
Sep 4 2013Brief of respondent Michael Wilson, Sr. in opposition filed.
Sep 17 2013Reply of petitioners Lawrence Montano, et al. filed.
Sep 18 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013Petition DENIED.
 
Share:
Term Snapshot
Awards