No. 18-1287

Alexander L. Baxter v. Brad Bracey, et al.

Lower Court: Sixth Circuit
Docketed: 2019-04-10
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (11)
Tags: 4th-amendment civil-rights due-process excessive-force police-misconduct police-use-of-force qualified-immunity search-and-seizure seizure
Key Terms:
SocialSecurity FourthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2020-06-11 (distributed 11 times)
Question Presented (AI Summary)

Whether the use of a police dog to apprehend a suspect who has surrendered by sitting on the ground with his hands up violates the Fourth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up? 2. Should the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, be narrowed or abolished? i

Docket Entries

2020-06-15
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1287_09m1.pdf'>Opinion</a>)
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-13
Rescheduled.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-01-08
Rescheduled.
2020-01-06
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
Rescheduled.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-10-15
Rescheduled.
2019-10-15
DISTRIBUTED for Conference of 10/18/2019.
2019-10-08
Rescheduled.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-09-23
Rescheduled.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Reply of petitioner Alexander L. Baxter filed. (Distributed)
2019-06-25
Brief of respondents Brad Bracey, et al. in opposition filed.
2019-05-31
Brief amici curiae of Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public's Trust in Law Enforcement, and Promoting the Rule of Law filed.
2019-05-31
Brief amici curiae of Legal Scholars filed.
2019-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
2019-05-30
Brief amicus curiae of Cato Institute filed.
2019-05-23
Motion to extend the time to file a response from May 31, 2019 to July 1, 2019, submitted to The Clerk.
2019-05-01
Response Requested. (Due May 31, 2019)
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-17
Waiver of right of respondents Brad Bracey, et al. to respond filed.
2019-04-08
Petition for a writ of certiorari filed. (Response due May 10, 2019)
2019-01-28
Application (18A756) granted by Justice Sotomayor extending the time to file until April 8, 2019.
2019-01-17
Application (18A756) to extend the time to file a petition for a writ of certiorari from February 6, 2019 to April 7, 2019, submitted to Justice Sotomayor.

Attorneys

Alexander L. Baxter
Scott MichelmanACLU of the District of Columbia, Petitioner
Scott MichelmanACLU of the District of Columbia, Petitioner
Brad Bracey, et al.
Melissa Sue RobergeDepartment of Law - Metropolitan Government of Nashville and Davidson County, Respondent
Melissa Sue RobergeDepartment of Law - Metropolitan Government of Nashville and Davidson County, Respondent
Cato Institute
Jay Remington SchweikertThe Cato Institute, Amicus
Jay Remington SchweikertThe Cato Institute, Amicus
Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public's Trust in Law Enforcement, and Promoting the Rule of Law
Catherine Emily StetsonHogan Lovells US LLP, Amicus
Catherine Emily StetsonHogan Lovells US LLP, Amicus
Legal Scholars
Andrew John PincusMayer Brown LLP, Amicus
Andrew John PincusMayer Brown LLP, Amicus