Rosebrock v. Hoffman

Petition for certiorari denied on April 27, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-884 9th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether government defendants are subject to the same heavy burden of persuasion as all other defendants when they contend that a claim for injunctive relief is moot based on voluntary cessation – which is the rule the First, Eighth, and District of Columbia Circuits utilize – or whether government defendants are entitled to a presumption of good faith that effectively shifts the burden of persuasion on the mootness question to plaintiffs – as eight other circuits have held, including the Ninth Circuit in this case; and (2) whether a request for injunctive relief that would require a defendant to permit a plaintiff to engage in expressive activity that was previously barred in violation of the First Amendment is mooted by the closure of the forum, as the Ninth Circuit concluded, or is a form of available relief and thus not moot, as the Seventh Circuit has held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 13 2015Petition for a writ of certiorari filed. (Response due February 23, 2015)
Feb 19 2015Order extending time to file response to petition to and including March 25, 2015.
Feb 23 2015Brief amici curiae of Western Center on Law & Poverty, et al. filed.
Feb 23 2015Brief amici curiae of Pacific Legal Foundation, Institute for Justice, and Cato Institute filed.
Mar 25 2015Brief of respondents Barton Hoffman, Acting Police Chief for the VA of Greater Los Angeles, et al. in opposition filed.
Apr 8 2015DISTRIBUTED for Conference of April 24, 2015.
Apr 8 2015Reply of petitioner Robert Rosebrock filed. (Distributed)
Apr 27 2015Petition DENIED.
 
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