Torres v. Madrid

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-292	10th Cir.	Oct 14, 2020	Mar 25, 2021	5-3	Roberts	OT 2020

Holding: The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.

Judgment: Vacated and remanded, 5-3, in an opinion by Chief Justice Roberts on March 25, 2021. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Police who shot fleeing woman committed seizure under Fourth Amendment (James Romoser, March 25, 2021)
Divided court issues bright-line ruling on Fourth Amendment seizures (Jeffrey Bellin, March 25, 2021)
Argument analysis: Justices spar over stare decisis, originalism, text and what counts as a Fourth Amendment seizure (Jeffrey Bellin, October 16, 2020)
Case preview: When is a fleeing suspect seized? (Jeffrey Bellin, October 13, 2020)
Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
Court releases October calendar (Amy Howe, July 13, 2020)
Justices postpone March argument session (Amy Howe, March 16, 2020)
Justices issue March argument calendar (Amy Howe, January 31, 2020)
Court fills out spring calendar with new grants (Amy Howe, December 18, 2019)

Date	Proceedings and Orders (key to color coding)
07/08/2019	Application (19A45) to extend the time to file a petition for a writ of certiorari from July 31, 2019 to August 30, 2019, submitted to Justice Sotomayor.
07/15/2019	Application (19A45) granted by Justice Sotomayor extending the time to file until August 30, 2019.
08/30/2019	Petition for a writ of certiorari filed. (Response due October 4, 2019)
10/02/2019	Brief amici curiae of The American Civil Liberties Union and the ACLU of New Mexico, filed.
10/03/2019	Brief amicus curiae of Cato Institute filed.
10/03/2019	Waiver of right of respondent Janice Madrid, et al. to respond filed.
10/04/2019	Brief amici curiae of Fourth Amendment Scholars filed.
10/04/2019	Brief amicus curiae of The Rutherford Institute filed.
10/09/2019	DISTRIBUTED for Conference of 11/1/2019.
10/10/2019	Response Requested. (Due November 12, 2019)
11/12/2019	Brief of respondents Janice Madrid, et al. in opposition filed.
11/25/2019	Reply of petitioner Roxanne Torres filed.
11/26/2019	DISTRIBUTED for Conference of 12/13/2019.
12/18/2019	Petition GRANTED.
01/23/2020	Blanket Consent filed by Petitioner, Roxanne Torres.
01/23/2020	Blanket Consent filed by Respondents, Janice Madrid, et al.
01/31/2020	SET FOR ARGUMENT on Monday, March 30, 2020.
01/31/2020	Joint appendix filed.
01/31/2020	Brief of petitioner Roxanne Torres filed.
02/06/2020	Brief amicus curiae of Constitutional Accountability Center filed.
02/07/2020	Brief amici curiae of The Rutherford Institute and National Association of Criminal Defense Lawyers filed.
02/07/2020	Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
02/07/2020	Brief amici curiae of Fourth Amendment Scholars filed.
02/07/2020	Brief amicus curiae of the United States filed.
02/07/2020	Brief amici curiae of The American Association for Justice, the Cato Institute, et al. filed.
02/07/2020	Brief amicus curiae of Restore the Fourth, Inc. filed.
02/07/2020	Brief amici curiae of American Civil Liberties Union and the ACLU of New Mexico, et al. filed.
02/19/2020	CIRCULATED
02/19/2020	Record requested from the U.S.C.A. 10th Circuit.
02/19/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/19/2020	The record of the USCA 10th Circuit is available on PACER.
03/02/2020	Brief of respondents Janice Madrid, et al. filed. (Distributed)
03/09/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/09/2020	Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
03/16/2020	ORAL ARGUMENT POSTPONED.
03/25/2020	Reply of petitioner Roxanne Torres filed. (Distributed)
04/13/2020	Argument to be rescheduled for the October Term 2020.
07/13/2020	SET FOR ARGUMENT on Wednesday, October 14, 2020.
10/14/2020	Argued. For petitioner: Kelsi B. Corkran, Washington, D. C.; and Rebecca Taibleson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark D. Standridge, Las Cruces, N. M.
03/25/2021	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Barrett, J., took no part in the consideration or decision of the case.
04/26/2021	JUDGMENT ISSUED.