Editor's Note :

Editor's Note :

The Supreme Court will release orders from the May 24 conference on Tuesday at 9:30 a.m. There is a possibility of opinions at 10 a.m. We will live-blog at this link.

Wilson v. Callahan

Petition for certiorari denied on March 5, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-552 2d Cir. N/A N/A N/A N/A OT 2017

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.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018Petition DENIED.
 
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