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Manuel v. City of Joliet

Docket No.14-9496
Op. Below7th Cir.
ArgumentOct 5, 2016

Holding

(1) Elijah Manuel may challenge his pretrial detention on Fourth Amendment grounds; and (2) on remand, the U.S. Court of Appeals for the 7th Circuit should determine the accrual date of Manuel's Fourth Amendment claim, unless it finds that the city of Joliet has previously waived its timeliness argument.

Judgment

Reversed and remanded, 6-2, in an opinion by Elena Kagan on Mar 21, 2017. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

Proceedings & orders timeline

Apr 27, 2015
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2015)
May 20, 2015
Waiver of right of respondents City of Joliet, Illinois, et al. to respond filed.
Jun 10, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 17, 2015
Response Requested . (Due July 17, 2015)
Oct 20, 2015
Order extending time to file response to petition to and including November 4, 2015.
Nov 12, 2015
Order further extending time to file response to petition to and including December 4, 2015.
Dec 4, 2015
Brief of respondents City of Joliet, Illinois, et al. in opposition filed.
Dec 14, 2015
Reply of petitioner Elijah Manuel filed.
Dec 23, 2015
DISTRIBUTED for Conference of January 8, 2016.
Jan 11, 2016
DISTRIBUTED for Conference of January 15, 2016.
Jan 15, 2016
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 1, 2016
Motion to appoint counsel filed by petitioner Elijah Manuel.
Feb 17, 2016
Motion DISTRIBUTED for Conference of March 4, 2016.
Feb 26, 2016
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 2, 2016.
Feb 26, 2016
The time to file respondents' brief on the merits is extended to and including August 3, 2016.
Mar 7, 2016
Motion to appoint counsel filed by petitioner GRANTED and Stanley B. Eisenhammer, Esquire, of Arlington Heights, Illinois, is appointed to serve as counsel for the petitioner in this case.
Apr 12, 2016
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Apr 15, 2016
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.
May 2, 2016
Joint appendix filed.
May 2, 2016
Brief of petitioner Elijah Manuel filed.
May 9, 2016
Brief amicus curiae of Albert W. Alschuler filed.
May 9, 2016
Brief amicus curiae of United States filed.
May 9, 2016
Brief amicus curiae of The National Police Accountability Project filed.
May 9, 2016
Brief amicus curiae of The Innocence Network filed.
May 9, 2016
Brief amicus curiae of National Association for Public Defense filed.
May 9, 2016
Brief amici curiae of U.S. Justice Foundation, et al. filed.
May 9, 2016
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 13, 2016
SET FOR ARGUMENT on Wednesday, October 5, 2016.
Jul 22, 2016
Record requested from U.S.C.A. 7th Circuit.
Jul 22, 2016
Record from U.S.C.A. 7th Circuit is electronic and located on PACER.
Aug 3, 2016
Brief of respondents City of Joliet, Illinois, et al. filed.
Aug 9, 2016
CIRCULATED
Aug 10, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 10, 2016
Brief amicus curiae of National District Attorney's Association filed. (Distributed)
Aug 10, 2016
Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Aug 10, 2016
Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed)
Aug 10, 2016
Brief amici curiae of Illinois, et al. filed. (Distributed)
Aug 10, 2016
Brief amicus curiae of Sheldon H. Nahmod filed. (Distributed)
Sep 2, 2016
Reply of petitioner Elijah Manuel filed. (Distributed)
Sep 26, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 5, 2016
Argued. For petitioner: Stanley B. Eisenhammer, Arlington Heights, Ill. (Appointed by this Court); and Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Michael A. Scodro, Chicago, Ill.
Mar 21, 2017
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
Apr 24, 2017
JUDGMENT ISSUED.

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