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A. M. v. Acosta

Petition for certiorari denied on May 15, 2017

Docket No. Argument Opinion Vote Author Term
16-984 N/A N/A N/A N/A OT 2016

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/23/2016Application (16A533) to extend the time to file a petition for a writ of certiorari from December 7, 2016 to February 5, 2017, submitted to Justice Sotomayor.
11/29/2016Application (16A533) granted by Justice Sotomayor extending the time to file until February 6, 2017.
02/06/2017Petition for a writ of certiorari filed. (Response due March 10, 2017)
03/10/2017Brief amici curiae of Alliance for Educational Justice, et al. filed.
03/14/2017Order extending time to file response to petition to and including April 10, 2017.
04/10/2017Brief of respondent Arthur Acosta in opposition filed.
04/25/2017DISTRIBUTED for Conference of May 11, 2017.
05/15/2017Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.