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Thompson v. Clark

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-659 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to legal process requires the plaintiff to show that the criminal proceeding against him has “formally ended in a manner not inconsistent with his innocence,” as the U.S. Court of Appeals for the 11th Circuit decided in Laskar v. Hurd, or that the proceeding “ended in a manner that affirmatively indicates his innocence,” as the U.S. Court of Appeals for the 2nd Circuit decided in Lanning v. City of Glens Falls; and (2) whether, when a Section 1983 plaintiff brings a Fourth Amendment claim for unlawful warrantless entry of his home and the government pursues a justification of exigent circumstances, the government has the burden to prove exigency existed (as the U.S. Courts of Appeals for the 3rd, 6th, 9th and 10th Circuits have held), or whether the plaintiff has to prove its non-existence (as the U.S. Courts of Appeals for the 2nd, 7th and 8th Circuits have held).

DateProceedings and Orders (key to color coding)
Nov 06 2020Petition for a writ of certiorari filed. (Response due December 14, 2020)
Nov 18 2020Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed.
Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
Dec 03 2020Response Requested. (Due January 4, 2021)
Dec 24 2020Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
Dec 28 2020Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
Jan 04 2021Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
Jan 04 2021Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.