Plumhoff v. Rickard

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Plumhoff v. Rickard

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1117	6th Cir.	Mar 4, 2014 Tr.Aud.	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.

Opinion analysis: More power to stop high-speed chases (Lyle Denniston)
Argument analysis: To decide, or not (Lyle Denniston)
Argument preview: High-speed chases -- again (Lyle Denniston)
SCOTUS for law students (sponsored by Bloomberg Law): Qualified immunity (Stephen Wermiel)
Court grants two cases (UPDATED) (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 12 2013	Petition for a writ of certiorari filed. (Response due April 15, 2013)
Apr 30 2013	DISTRIBUTED for Conference of May 16, 2013.
May 8 2013	Response Requested . (Due June 7, 2013)
Jun 7 2013	Brief 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 2013	DISTRIBUTED for Conference of September 30, 2013.
Aug 13 2013	Record Requested .
Aug 14 2013	Record received from the Court of Appeals for the Sixth Circuit
Aug 21 2013	DISTRIBUTED for Conference of September 30, 2013.
Aug 21 2013	Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Aug 22 2013	Record Requested .
Sep 27 2013	Record received from the United States District Court Western District of Tennessee (3 DVDs).
Oct 2 2013	DISTRIBUTED for Conference of October 18, 2013.
Oct 28 2013	DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013	DISTRIBUTED for Conference of November 8, 2013.
Nov 12 2013	DISTRIBUTED for Conference of November 15, 2013.
Nov 15 2013	Petition GRANTED.
Nov 25 2013	SET FOR ARGUMENT ON Tuesday, March 4, 2014
Dec 17 2013	Record received from U.S.C.A. 6th Circuit, the record is electronic.
Dec 30 2013	Joint appendix filed. (Statement of costs filed)
Dec 30 2013	Brief of petitioners Officer Vance Plumhoff, et al. filed.
Dec 31 2013	Record received from U.S.D.C. Western District of Tennessee Western Division. (1 Box)
Jan 6 2014	Brief amicus curiae of the United States filed.
Jan 6 2014	Brief amici curiae of Ohio and 21 Other States filed.
Jan 6 2014	Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Jan 7 2014	Record received from U.S.D.C. Western District of Tennessee (Memphis)
Jan 9 2014	CIRCULATED
Jan 29 2014	Brief 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 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 4 2014	Brief amicus curiae of Professor Jonathan R. Nash filed. (Distributed).
Feb 5 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 5 2014	Brief amici curiae of National Police Accountability Project, et al. filed. (Distributed)
Feb 20 2014	Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Feb 21 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 4 2014	Argued. 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 2014	Judgment 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 2014	JUDGMENT ISSUED.
Jul 2 2014	Record Returned for U.S.D.C. Western District of Tennessee.

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
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Summary reversals	5
Merits cases granted to date	73

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