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County of Los Angeles v. Mendez

Docket No.16-369
Op. Below9th Cir.
ArgumentMar 22, 2017

Holding

The Fourth Amendment provides no basis for the U.S. Court of Appeals for the 9th Circuit's "provocation rule," which makes an officer's otherwise reasonable use of force unreasonable if (1) the officer "intentionally or recklessly provokes a violent confrontation" and (2) "the provocation is an independent Fourth Amendment violation."

Judgment

Vacated and remanded, 8-0, in an opinion by Samuel Alito on May 30, 2017. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Sep 16, 2016
Petition for a writ of certiorari filed. (Response due October 24, 2016)
Oct 24, 2016
Brief of respondents Angel Mendez, et al. in opposition filed.
Nov 3, 2016
Reply of petitioners Los Angeles County, California, et al. filed. (Distributed)
Nov 7, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 28, 2016
DISTRIBUTED for Conference of December 2, 2016.
Dec 2, 2016
Petition GRANTED limited to Questions 1 and 3 presented by the petition.
Jan 13, 2017
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.
Jan 17, 2017
Joint appendix filed. (Statement of costs filed.)
Jan 17, 2017
Brief of petitioners Los Angeles County, California, et al. filed.
Jan 23, 2017
Brief amicus curiae of Los Angeles County Police Chiefs' Association filed.
Jan 24, 2017
Brief amici curiae of National Association of Counties, et al. filed.
Jan 24, 2017
Brief amicus curiae of United States filed.
Jan 24, 2017
Brief amicus curiae of Major County Sheriffs' Association filed.
Jan 24, 2017
Brief amici curiae of California State Sheriffs' Association, et al. filed.
Jan 25, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 3, 2017
SET FOR ARGUMENT on Wednesday, March 22, 2017
Feb 3, 2017
Record requested from the U.S.C.A. 9th Circuit.
Feb 6, 2017
Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.
Feb 16, 2017
Brief of respondents Angel Mendez, and Jennifer Lynn Garcia filed.
Feb 22, 2017
CIRCULATED.
Feb 22, 2017
Brief amicus curiae of The Georgetown University Law Center Chapter of the Black Law Students Association filed. (Distributed)
Feb 23, 2017
Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Feb 23, 2017
Brief amici curiae of National Association for the Advancement of Colored People, et al. filed. (Distributed)
Feb 23, 2017
Brief amicus curiae of National Police Accountability Project filed. (Distributed)
Feb 23, 2017
Brief amici curiae The American Civil Liberties Union and the ACLU of Southern California filed. (Distributed)
Mar 6, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 10, 2017
Reply of petitioners County of Los Angeles, California, et al. filed. (Distributed)
Mar 22, 2017
Argued. For petitioners: E. Joshua Rosenkranz, New York, N. Y.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Leonard Feldman, Seattle, Wash.
May 30, 2017
Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of this case.
Jul 3, 2017
JUDGMENT ISSUED.

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