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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.

DateProceedings and Orders (key to color coding)
Jul 08 2019Application (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.
Jul 15 2019Application (19A45) granted by Justice Sotomayor extending the time to file until August 30, 2019.
Aug 30 2019Petition for a writ of certiorari filed. (Response due October 4, 2019)
Oct 02 2019Brief amici curiae of The American Civil Liberties Union and the ACLU of New Mexico, filed.
Oct 03 2019Brief amicus curiae of Cato Institute filed.
Oct 03 2019Waiver of right of respondent Janice Madrid, et al. to respond filed.
Oct 04 2019Brief amici curiae of Fourth Amendment Scholars filed.
Oct 04 2019Brief amicus curiae of The Rutherford Institute filed.
Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
Oct 10 2019Response Requested. (Due November 12, 2019)
Nov 12 2019Brief of respondents Janice Madrid, et al. in opposition filed.
Nov 25 2019Reply of petitioner Roxanne Torres filed.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 18 2019Petition GRANTED.
Jan 23 2020Blanket Consent filed by Petitioner, Roxanne Torres.
Jan 23 2020Blanket Consent filed by Respondents, Janice Madrid, et al.
Jan 31 2020SET FOR ARGUMENT on Monday, March 30, 2020.
Jan 31 2020Joint appendix filed.
Jan 31 2020Brief of petitioner Roxanne Torres filed.
Feb 06 2020Brief amicus curiae of Constitutional Accountability Center filed.
Feb 07 2020Brief amici curiae of The Rutherford Institute and National Association of Criminal Defense Lawyers filed.
Feb 07 2020Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
Feb 07 2020Brief amici curiae of Fourth Amendment Scholars filed.
Feb 07 2020Brief amicus curiae of the United States filed.
Feb 07 2020Brief amici curiae of The American Association for Justice, the Cato Institute, et al. filed.
Feb 07 2020Brief amicus curiae of Restore the Fourth, Inc. filed.
Feb 07 2020Brief amici curiae of American Civil Liberties Union and the ACLU of New Mexico, et al. filed.
Feb 19 2020CIRCULATED
Feb 19 2020Record requested from the U.S.C.A. 10th Circuit.
Feb 19 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 19 2020The record of the USCA 10th Circuit is available on PACER.
Mar 02 2020Brief of respondents Janice Madrid, et al. filed. (Distributed)
Mar 09 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 09 2020Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED.
Mar 25 2020Reply of petitioner Roxanne Torres filed. (Distributed)
Apr 13 2020Argument to be rescheduled for the October Term 2020.
Jul 13 2020SET FOR ARGUMENT on Wednesday, October 14, 2020.
Oct 14 2020Argued. 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.
Mar 25 2021Judgment 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.
Apr 26 2021JUDGMENT ISSUED.