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District of Columbia v. Wesby

Docket No.15-1485
Op. BelowD.C. Cir.
ArgumentOct 4, 2017

Holding

(1) The police officers had probable cause to arrest several partygoers who later sued for false arrest under the Fourth Amendment and District of Columbia law, and (2) the officers are entitled to qualified immunity.

Judgment

Reversed and remanded, 9-0, in an opinion by Clarence Thomas on Jan 22, 2018. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment. Justice Ginsburg filed an opinion concurring in the judgment in part.

Proceedings & orders timeline

Apr 13, 2016
Application (15A1050) to extend the time to file a petition for a writ of certiorari from May 8, 2016 to June 8, 2016, submitted to The Chief Justice.
Apr 13, 2016
Application (15A1050) granted by The Chief Justice extending the time to file until June 8, 2016.
Jun 8, 2016
Petition for a writ of certiorari filed. (Response due July 8, 2016)
Jun 28, 2016
Waiver of right of respondents Theodore Wesby, et al. to respond filed.
Jul 8, 2016
Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc.
Jul 8, 2016
Brief amici curiae of Utah and Seventeen Other States filed.
Jul 13, 2016
DISTRIBUTED for Conference of September 26, 2016.
Jul 18, 2016
Response Requested. (Due August 17, 2016)
Aug 8, 2016
Order extending time to file response to petition to and including September 16, 2016.
Sep 16, 2016
Brief of respondents Theodore Wesby, et al. in opposition filed.
Oct 4, 2016
Reply of petitioners District of Columbia, et al. filed.
Oct 5, 2016
DISTRIBUTED for Conference of October 28, 2016.
Oct 31, 2016
DISTRIBUTED for Conference of November 4, 2016.
Nov 7, 2016
DISTRIBUTED for Conference of November 10, 2016.
Nov 14, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 28, 2016
DISTRIBUTED for Conference of December 2, 2016.
Dec 5, 2016
DISTRIBUTED for Conference of December 9, 2016.
Dec 27, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 17, 2017
DISTRIBUTED for Conference of January 19, 2017.
Jan 19, 2017
Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc. GRANTED.
Jan 19, 2017
Petition GRANTED.
Feb 17, 2017
The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2017.
Feb 17, 2017
The time to file respondents' brief on the merits is extended to and including July 12, 2017.
Apr 5, 2017
Application (16A956) to extend the time to file a reply brief on the merits from August 11, 2017 to September 1, 2017, submitted to The Chief Justice.
Apr 12, 2017
Application (16A956) granted by The Chief Justice extending the time to file the reply brief on the merits until September 1, 2017.
May 5, 2017
Joint appendix filed. (Statement of costs filed.)
May 5, 2017
Brief of petitioners District of Columbia, et al. filed.
May 11, 2017
Brief amici curiae of The National Association of Counties, et al. filed.
May 12, 2017
Brief amicus curiae of United States filed.
May 12, 2017
Brief amici curiae of Utah and Twenty-Five Other States filed.
May 22, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 12, 2017
Brief of respondents Theodore Wesby, et al. filed.
Jul 19, 2017
SET FOR ARGUMENT on Wednesday, October 4, 2017.
Jul 19, 2017
Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 1, 2017
Record requested from the U.S.C.A. District of Columbia Circuit.
Aug 9, 2017
CIRCULATED
Aug 21, 2017
Record received from the U.S.C.A. District of Columbia Circuit is electronic and available on PACER with the exception of one restricted document that is electronic.
Aug 25, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 1, 2017
Reply of petitioners District of Columbia, et al. filed. (Distributed)
Oct 4, 2017
Argued. For petitioners: Todd Kim, Solicitor General, Washington, D. C.; and Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nathaniel P. Garrett, San Francisco, Cal.
Jan 22, 2018
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment in part.
Feb 23, 2018
JUDGMENT ISSUED.

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