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Braun v. Burke

Petition for certiorari denied on October 4, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
21-10 8th Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether a court should apply the intent-to-harm standard of liability to all police high-speed driving, as have the 8th and 9th Circuits, or instead employ an analysis which examines the facts of individual cases to decide whether there was an opportunity to deliberate and apply the standard of deliberate indifference or another standard other than intent-to-harm, as have the 3rd, 4th, 7th, and 10th Circuits; and (2) whether a court reviewing high-speed driving by a police officer should use an objective test to determine whether an emergency existed, as have the 3rd, 4th, and 7th Circuits, or rely merely on the asserted claim of an officer that he subjectively believed there to be an emergency, as has the 8th Circuit.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 01 2021Petition for a writ of certiorari filed. (Response due August 6, 2021)
Jul 23 2021Motion to extend the time to file a response from August 6, 2021 to August 23, 2021, submitted to The Clerk.
Jul 27 2021Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2021, for all respondents.
Aug 20 2021Brief of respondent Brian Ray Burke in opposition filed.
Aug 23 2021Brief of respondent Bill Bryant in opposition filed.
Aug 31 2021Reply of petitioner Lori Braun filed.
Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021Petition DENIED.