Editor's Note :

Editor's Note :

We expect orders from the February 23 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
On Monday the court hears oral argument in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Amy Howe has our preview.
On Monday the court also hears oral argument in Ohio v. American Express Co. Beth Farmer has our preview.

Wilson v. Callahan

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-552 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, in deadly force shooting cases, the U.S. Court of Appeals for the 2nd Circuit erred by requiring that the jury must be instructed regarding the specific legal justifications for the use of deadly force, and that the usual less specific instructions regarding the use of excessive force are not adequate, when such a requirement is in direct conflict with the Supreme Court's decision in Scott v. Harris and subsequent decisions, which abrogated the use of special standards in deadly force cases and established “reasonableness” as the ultimate and only inquiry; and (2) whether, in light of the direct conflict with several of its sister circuits, the U.S. Court of Appeals for the 2nd Circuit's requirement that a jury must be instructed regarding the specific legal justifications for the use of deadly force creates an uncertainty preventing law enforcement officers from having adequate fair notice of what conduct is proscribed or constitutionally permissible, thereby further hampering the application of qualified immunity at the earliest stage of a case.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 10 2017Petition for a writ of certiorari filed. (Response due November 13, 2017)
Oct 30 2017Waiver of right of respondents Christopher Callahan, et al. to respond filed.
Nov 14 2017DISTRIBUTED for Conference of 12/1/2017.
Nov 15 2017Response Requested. (Due December 15, 2017)
Dec 15 2017Brief of respondents Christopher Callahan, et al. in opposition filed.
Dec 29 2017Reply of petitioner Thomas Wilson filed. (Distributed)
Jan 03 2018DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
 
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