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Lozman v. City of Riviera Beach, Florida

Docket No.17-21
Op. Below11th Cir.
ArgumentFeb 27, 2018

Holding

The existence of probable cause for Fane Lozman's arrest for disrupting a city council meeting does not bar his First Amendment retaliatory arrest claim under the circumstances of this case.

Judgment

Vacated and remanded, 8-1, in an opinion by Anthony McLeod Kennedy on Jun 18, 2018. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

May 9, 2017
Application (16A1100) to extend the time to file a petition for a writ of certiorari from May 29, 2017 to June 28, 2017, submitted to Justice Thomas.
May 15, 2017
Application (16A1100) granted by Justice Thomas extending the time to file until June 28, 2017.
Jun 28, 2017
Petition for a writ of certiorari filed. (Response due July 31, 2017)
Jul 28, 2017
Brief amicus curiae of Institute for Justice filed.
Jul 28, 2017
Waiver of right of respondent Riviera Beach, FL to respond filed.
Jul 31, 2017
Brief amicus curiae of First Amendment Foundation filed.
Aug 9, 2017
DISTRIBUTED for Conference of 9/25/2017.
Aug 10, 2017
Response Requested. (Due September 11, 2017)
Aug 16, 2017
Order extending time to file response to petition to and including October 11, 2017.
Oct 11, 2017
Brief of respondent Riviera Beach, FL in opposition filed.
Oct 18, 2017
DISTRIBUTED for Conference of 11/3/2017.
Oct 18, 2017
Reply of petitioner Fane Lozman filed. (Distributed)
Nov 6, 2017
DISTRIBUTED for Conference of 11/9/2017.
Nov 13, 2017
Petition GRANTED.
Dec 19, 2017
Blanket Consent filed by Petitioner, Fane Lozman
Dec 20, 2017
SET FOR ARGUMENT ON Tuesday, February 27, 2018
Dec 22, 2017
Joint appendix filed.
Dec 22, 2017
Brief of petitioner Fane Lozman filed.
Dec 27, 2017
Brief amici curiae of Roderick and Solange MacArthur Justice Center filed.
Dec 27, 2017
Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.
Dec 29, 2017
Brief amici curiae of First Amendment Foundation, et al. filed.
Dec 29, 2017
Brief amici curiae of Institute for Justice, et al. filed.
Dec 29, 2017
Brief amicus curiae of Institute for Free Speech filed.
Dec 29, 2017
Brief amici curiae of National Press Photographers Association and 25 Media and Free Speech Organizations filed.
Jan 5, 2018
CIRCULATED
Jan 9, 2018
Motion of respondent for an extension of time filed.
Jan 10, 2018
Record requested from the U.S.C.A. 11th Circuit.
Jan 11, 2018
Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including January 26, 2018. Amicus briefs in support of respondent are to be filed on or before January 29, 2018.
Jan 22, 2018
Record received from the U.S.D.C. Southern District of Florida (West Palm Beach) is electronic.
Jan 24, 2018
Record from the U.S.D.C. Southern District of Florida. (1 Envelope).
Jan 26, 2018
Brief of respondent Riviera Beach, FL filed. (Distributed)
Jan 26, 2018
Brief amicus curiae of State of Alaska filed. (Distributed)
Jan 29, 2018
Brief amicus curiae of United States filed. (Distributed)
Jan 29, 2018
Brief amici curiae of District of Columbia, et al. filed. (Distributed)
Jan 29, 2018
Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Feb 2, 2018
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 16, 2018
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 16, 2018
Reply of petitioner Fane Lozman filed. (Distributed)
Feb 27, 2018
Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. For respondent: Shay Dvoretzky, Washington, D. C.; and Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 18, 2018
Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion.
Jun 25, 2018
Statement of Printing Cost of Fane Lozman not accepted for filing. (August 03, 2018 - Document not meant for electronic filing.)
Jul 20, 2018
JUDGMENT ISSUED.
Aug 29, 2018
The record from the U.S.D.C. Southern Dist. of Florida has been returned.

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