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Baxter v. Bracey

Petition for certiorari denied on June 15, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
18-1287 6th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish[es]” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up; and (2) whether the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, should be narrowed or abolished.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 17 2019Application (18A756) to extend the time to file a petition for a writ of certiorari from February 6, 2019 to April 7, 2019, submitted to Justice Sotomayor.
Jan 28 2019Application (18A756) granted by Justice Sotomayor extending the time to file until April 8, 2019.
Apr 08 2019Petition for a writ of certiorari filed. (Response due May 10, 2019)
Apr 17 2019Waiver of right of respondents Brad Bracey, et al. to respond filed.
Apr 23 2019DISTRIBUTED for Conference of 5/9/2019.
May 01 2019Response Requested. (Due May 31, 2019)
May 23 2019Motion to extend the time to file a response from May 31, 2019 to July 1, 2019, submitted to The Clerk.
May 30 2019Brief amicus curiae of Cato Institute filed.
May 31 2019Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
May 31 2019Brief amici curiae of Legal Scholars filed.
May 31 2019Brief amici curiae of Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public's Trust in Law Enforcement, and Promoting the Rule of Law filed.
Jun 25 2019Brief of respondents Brad Bracey, et al. in opposition filed.
Jul 09 2019Reply of petitioner Alexander L. Baxter filed. (Distributed)
Jul 10 2019DISTRIBUTED for Conference of 10/1/2019.
Sep 23 2019Rescheduled.
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 08 2019Rescheduled.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 15 2019Rescheduled.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 11 2019Rescheduled.
Jan 06 2020DISTRIBUTED for Conference of 1/10/2020.
Jan 08 2020Rescheduled.
Apr 28 2020DISTRIBUTED for Conference of 5/15/2020.
May 13 2020Rescheduled.
May 18 2020DISTRIBUTED for Conference of 5/21/2020.
May 22 2020DISTRIBUTED for Conference of 5/28/2020.
Jun 01 2020DISTRIBUTED for Conference of 6/4/2020.
Jun 08 2020DISTRIBUTED for Conference of 6/11/2020.
Jun 15 2020Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)