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A. M. v. Acosta

Certiorari Denied

Petition for certiorari denied on May 15, 2017.

Docket No.16-984
Op. Below10th Cir.

Issue

(1) Whether the U.S. Court of Appeals for the 10th Circuit misapplied Hope v. Pelzer by requiring the petitioner to demonstrate an arresting officer's conduct was egregious as opposed to obviously unconstitutional when it affirmed the dismissal of the petitioner's claims of unreasonable seizure on the basis of qualified immunity; (2) whether the 10th Circuit erred in discarding judicial precedent, which provided "fair warning" to an officer of the meaning of the language of a criminal statute after the state legislature employed the same language in a related statute prohibiting the same or similar conduct; and (3) whether the 10th Circuit erred in finding that the purposeless arrest and transportation of a thirteen-year-old to juvenile detention was not obviously unconstitutional given the acknowledged harm that arrests cause to school children and the New Mexico statutory preference for keeping children out of juvenile detention.

Proceedings & orders timeline

Nov 23, 2016
Application (16A533) to extend the time to file a petition for a writ of certiorari from December 7, 2016 to February 5, 2017, submitted to Justice Sotomayor.
Nov 29, 2016
Application (16A533) granted by Justice Sotomayor extending the time to file until February 6, 2017.
Feb 6, 2017
Petition for a writ of certiorari filed. (Response due March 10, 2017)
Mar 10, 2017
Brief amici curiae of Alliance for Educational Justice, et al. filed.
Mar 14, 2017
Order extending time to file response to petition to and including April 10, 2017.
Apr 10, 2017
Brief of respondent Arthur Acosta in opposition filed.
Apr 25, 2017
DISTRIBUTED for Conference of May 11, 2017.
May 15, 2017
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.

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