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Petition of the day

The petition of the day is:


Issues: (1) Whether the U.S. Court of Appeals for the 10th Circuit misapplied Hope v. Pelzer by requiring the petitioner to demonstrate an arresting officer’s conduct was egregious as opposed to obviously unconstitutional when it affirmed the dismissal of the petitioner’s claims of unreasonable seizure on the basis of qualified immunity; (2) whether the 10th Circuit erred in discarding judicial precedent, which provided “fair warning” to an officer of the meaning of the language of a criminal statute after the state legislature employed the same language in a related statute prohibiting the same or similar conduct; and (3) whether the 10th Circuit erred in finding that the purposeless arrest and transportation of a thirteen-year-old to juvenile detention was not obviously unconstitutional given the acknowledged harm that arrests cause to school children and the New Mexico statutory preference for keeping children out of juvenile detention.

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Apr. 19, 2017, 11:23 PM),