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Lozman v. City of Riviera Beach, Florida

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Docket No. Op. Below Argument Opinion Vote Author Term
17-21 11th Cir. Feb 27, 2018 Jun 18, 2018 8-1 Kennedy OT 2017

Holding: The existence of probable cause for Fane Lozman’s arrest for disrupting a city council meeting does not bar his First Amendment retaliatory arrest claim under the circumstances of this case.

Judgment: Vacated and remanded, 8-1, in an opinion by Justice Kennedy on June 18, 2018. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 09 2017Application (16A1100) to extend the time to file a petition for a writ of certiorari from May 29, 2017 to June 28, 2017, submitted to Justice Thomas.
May 15 2017Application (16A1100) granted by Justice Thomas extending the time to file until June 28, 2017.
Jun 28 2017Petition for a writ of certiorari filed. (Response due July 31, 2017)
Jul 28 2017Brief amicus curiae of Institute for Justice filed.
Jul 28 2017Waiver of right of respondent Riviera Beach, FL to respond filed.
Jul 31 2017Brief amicus curiae of First Amendment Foundation filed.
Aug 09 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 10 2017Response Requested. (Due September 11, 2017)
Aug 16 2017Order extending time to file response to petition to and including October 11, 2017.
Oct 11 2017Brief of respondent Riviera Beach, FL in opposition filed.
Oct 18 2017DISTRIBUTED for Conference of 11/3/2017.
Oct 18 2017Reply of petitioner Fane Lozman filed. (Distributed)
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017Petition GRANTED.
Dec 19 2017Blanket Consent filed by Petitioner, Fane Lozman
Dec 20 2017SET FOR ARGUMENT ON Tuesday, February 27, 2018
Dec 22 2017Brief of petitioner Fane Lozman filed.
Dec 22 2017Joint appendix filed.
Dec 27 2017Brief amici curiae of Roderick and Solange MacArthur Justice Center filed.
Dec 27 2017Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.
Dec 29 2017Brief amici curiae of Institute for Justice, et al. filed.
Dec 29 2017Brief amici curiae of National Press Photographers Association and 25 Media and Free Speech Organizations filed.
Dec 29 2017Brief amici curiae of First Amendment Foundation, et al. filed.
Dec 29 2017Brief amicus curiae of Institute for Free Speech filed.
Jan 05 2018CIRCULATED
Jan 09 2018Motion of respondent for an extension of time filed.
Jan 10 2018Record requested from the U.S.C.A. 11th Circuit.
Jan 11 2018Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including January 26, 2018. Amicus briefs in support of respondent are to be filed on or before January 29, 2018.
Jan 22 2018Record received from the U.S.D.C. Southern District of Florida (West Palm Beach) is electronic.
Jan 24 2018Record from the U.S.D.C. Southern District of Florida. (1 Envelope).
Jan 26 2018Brief of respondent Riviera Beach, FL filed. (Distributed)
Jan 26 2018Brief amicus curiae of State of Alaska filed. (Distributed)
Jan 29 2018Brief amicus curiae of United States filed. (Distributed)
Jan 29 2018Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Jan 29 2018Brief amici curiae of District of Columbia, et al. filed. (Distributed)
Feb 02 2018Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 16 2018Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 16 2018Reply of petitioner Fane Lozman filed. (Distributed)
Feb 27 2018Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. For respondent: Shay Dvoretzky, Washington, D. C.; and Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 18 2018Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion.
Jun 25 2018Statement of Printing Cost of Fane Lozman not accepted for filing. (August 03, 2018 - Document not meant for electronic filing.)
Jul 20 2018JUDGMENT ISSUED.
Aug 29 2018The record from the U.S.D.C. Southern Dist. of Florida has been returned.