No. 20-391

Jody Lombardo, et al. v. City of St. Louis, Missouri, et al.

Lower Court: Eighth Circuit
Docketed: 2020-09-25
Status: Denied
Type: Paid
Amici (3)Relisted (21) Experienced Counsel
Tags: civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-misconduct qualified-immunity reasonable-jury
Key Terms:
DueProcess
Latest Conference: 2021-06-24 (distributed 21 times)
Question Presented (AI Summary)

Whether a reasonable jury could find that officers used excessive force when they put a handcuffed and shackled person face-down on the ground and pressed into his back until he suffocated

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a reasonable jury could find that officers used excessive force when they put a handcuffed and shackled person face-down on the ground and pressed into his back until he suffocated.

Docket Entries

2021-07-30
JUDGMENT ISSUED.
2021-07-12
Record returned to the U.S.D.C. Eastern District of Missouri (1 envelope).
2021-07-12
Record returned to the U.S.C.A. 8th Circuit (1 box).
2021-06-28
The Court expresses no view as to whether the officers used unconstitutionally excessive force or, if they did, whether Gilbert's right to be free of such force in these circumstances was clearly established at the time of his death. The Court instead grants the petition for certiorari, vacates the judgment of the United States Court of Appeals for the Eighth Circuit, and remands the case to give the court the opportunity to employ an inquiry that clearly attends to the facts and circumstances in answering those questions in the first instance. <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-391_2c83.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-391_2c83.pdf'>Opinion</a>) Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-391_2c83.pdf'>Opinion</a>)
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-06-07
DISTRIBUTED for Conference of 6/10/2021.
2021-06-01
Record received from the U.S.D.C. Eastern District of Missouri (1 envelope).
2021-06-01
DISTRIBUTED for Conference of 6/3/2021.
2021-05-24
DISTRIBUTED for Conference of 5/27/2021.
2021-05-20
Record received from the U.S.C.A. 8th Circuit (1 box).
2021-05-17
DISTRIBUTED for Conference of 5/20/2021.
2021-05-12
Record Requested.
2021-05-10
DISTRIBUTED for Conference of 5/13/2021.
2021-04-29
Supplemental brief of petitioners Jody Lombardo, et al. filed.
2021-04-26
DISTRIBUTED for Conference of 4/30/2021.
2021-04-21
Rescheduled.
2021-04-19
DISTRIBUTED for Conference of 4/23/2021.
2021-04-12
Rescheduled.
2021-04-12
DISTRIBUTED for Conference of 4/16/2021.
2021-03-29
Rescheduled.
2021-03-29
DISTRIBUTED for Conference of 4/1/2021.
2021-03-23
Rescheduled.
2021-03-22
DISTRIBUTED for Conference of 3/26/2021.
2021-03-15
Rescheduled.
2021-03-15
DISTRIBUTED for Conference of 3/19/2021.
2021-03-01
Rescheduled.
2021-03-01
DISTRIBUTED for Conference of 3/5/2021.
2021-02-22
Rescheduled.
2021-02-22
DISTRIBUTED for Conference of 2/26/2021.
2021-02-16
Rescheduled.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Rescheduled.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2021-01-11
Rescheduled.
2021-01-04
Rescheduled.
2021-01-04
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Rescheduled.
2020-12-07
DISTRIBUTED for Conference of 12/11/2020.
2020-11-30
Rescheduled.
2020-11-12
Reply of petitioners Jody Lombardo, et al. filed. (Distributed)
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-26
Brief amici curiae of Restore the Fourth, Inc., et al. filed.
2020-10-26
Brief of respondents City of St. Louis, et al. in opposition filed.
2020-10-26
Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
2020-10-26
Brief amici curiae of Policing Scholars filed.
2020-09-17
Petition for a writ of certiorari filed. (Response due October 26, 2020)

Attorneys

City of St. Louis, et al.
Robert H. Dierker Jr.City Counselor, Respondent
Jody Lombardo, et al.
Jonathan Ellis TaylorGupta Wessler PLLC, Petitioner
Policing Scholars
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Restore the Fourth, Inc. and the Rutherford Institute
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Amicus
The National Association of Criminal Defense Lawyers and The American Civil Liberties Union
Steven Edwards ArtLoevy & Loevy, Amicus