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Plumhoff v. Rickard

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Docket No. Op. Below Argument Opinion Vote Author Term
12-1117 6th Cir. Mar 4, 2014 May 27, 2014 9-0 Alito OT 2013

Holding: The use of deadly force by police officers in this case – firing multiple rounds into a car during a high-speed chase, contributing to the death of the driver and a passenger – was not unreasonable given the threat to public safety posed by the driver's reckless behavior. As such, the officers did not violate the Fourth Amendment. But in any event, the officers were entitled to qualified immunity because they did not violate any clearly established law.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 27, 2014. Justice Ginsburg joined as to the judgment and Parts I, II, and III– C, and Justice Breyer joined except as to Part III–B–2.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 12 2013Petition for a writ of certiorari filed. (Response due April 15, 2013)
Apr 30 2013DISTRIBUTED for Conference of May 16, 2013.
May 8 2013Response Requested . (Due June 7, 2013)
Jun 7 2013Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend in opposition filed.
Jun 19 2013DISTRIBUTED for Conference of September 30, 2013.
Aug 13 2013Record Requested .
Aug 14 2013Record received from the Court of Appeals for the Sixth Circuit
Aug 21 2013DISTRIBUTED for Conference of September 30, 2013.
Aug 21 2013Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Aug 22 2013Record Requested .
Sep 27 2013Record received from the United States District Court Western District of Tennessee (3 DVDs).
Oct 2 2013DISTRIBUTED for Conference of October 18, 2013.
Oct 28 2013DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013DISTRIBUTED for Conference of November 8, 2013.
Nov 12 2013DISTRIBUTED for Conference of November 15, 2013.
Nov 15 2013Petition GRANTED.
Nov 25 2013SET FOR ARGUMENT ON Tuesday, March 4, 2014
Dec 17 2013Record received from U.S.C.A. 6th Circuit, the record is electronic.
Dec 30 2013Joint appendix filed. (Statement of costs filed)
Dec 30 2013Brief of petitioners Officer Vance Plumhoff, et al. filed.
Dec 31 2013Record received from U.S.D.C. Western District of Tennessee Western Division. (1 Box)
Jan 6 2014Brief amicus curiae of the United States filed.
Jan 6 2014Brief amici curiae of Ohio and 21 Other States filed.
Jan 6 2014Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Jan 7 2014Record received from U.S.D.C. Western District of Tennessee (Memphis)
Jan 9 2014CIRCULATED
Jan 29 2014Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend filed. (Distributed)
Jan 31 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 4 2014Brief amicus curiae of Professor Jonathan R. Nash filed. (Distributed).
Feb 5 2014Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 5 2014Brief amici curiae of National Police Accountability Project, et al. filed. (Distributed)
Feb 20 2014Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Feb 21 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 4 2014Argued. For petitioners: Michael Mosley, North Little Rock, Ark.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Gary K. Smith, Memphis, Tenn.
May 27 2014Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Sotomayor, and Kagan, JJ., joined, in which Ginsburg, J., joined as to the judgment and Parts I, II, and III-C, and in which Breyer, J., joined except as to Part III-B-2.
Jun 30 2014JUDGMENT ISSUED.
Jul 2 2014Record Returned for U.S.D.C. Western District of Tennessee.