No. 25-267

Milton Green v. Christopher Tanner, et al.

Lower Court: Eighth Circuit
Docketed: 2025-09-09
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: constitutional-rights excessive-force law-enforcement qualified-immunity reasonableness-standard summary-judgment
Key Terms:
SocialSecurity SecondAmendment DueProcess FourthAmendment
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether an officer's mistake of fact in using excessive force is a legal or factual question for determining reasonableness at summary judgment, and whether deadly force can be deemed reasonable based on post-hoc facts or a broad constitutional interpretation

Question Presented (from Petition)

1. In a case alleging that an officer used excessive force based on a mistake of fact, is the reasonableness of the officer’s mistake a legal question for a court at summary judgment or a factual question for a jury? 2. May an officer’s use of deadly force be deemed reasonable as a matter of law based on facts that were not known to the officer at the time or based on a view that “[t]here is no constitutional … right that prevents an officer from using deadly force when faced with an apparently loaded weapon”? App. 14a.

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-22
Reply of petitioner Milton Green filed. (Distributed)
2025-12-22
2025-12-09
Brief of respondents Christopher Tanner, et al. in opposition filed.
2025-12-09
Brief of Christopher Tanner and the City of St. Louis in opposition submitted.
2025-10-31
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2025.
2025-10-29
Motion to extend the time to file a response from November 10, 2025 to December 9, 2025, submitted to The Clerk.
2025-10-29
Motion of Christopher Tanner and the City of St. Louis for an extension of time submitted.
2025-10-09
Brief amici curiae of Cato Institute, et al. filed.
2025-10-09
Brief amicus curiae of Professor Seth W. Stoughton filed.
2025-10-09
Amicus brief of Professor Seth W. Stoughton submitted.
2025-10-09
Amicus brief of Cato Institute, Law Enforcement Action Partnership, Rutherford Institute, Southern Center for Human Rights submitted.
2025-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2025.
2025-10-02
Motion to extend the time to file a response from October 9, 2025 to November 10, 2025, submitted to The Clerk.
2025-10-02
Motion of Christopher Tanner and the City of St. Louis for an extension of time submitted.
2025-09-05
Petition for a writ of certiorari filed. (Response due October 9, 2025)
2025-07-01
Application (25A3) granted by Justice Kavanaugh extending the time to file until September 5, 2025.
2025-06-27
Application (25A3) to extend the time to file a petition for a writ of certiorari from July 7, 2025 to September 5, 2025, submitted to Justice Kavanaugh.

Attorneys

Cato Institute, Law Enforcement Action Partnership, Rutherford Institute, Southern Center for Human Rights
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Christopher Tanner and the City of St. Louis
Andrew David WheatonCity of St. Louis Law Department, Respondent
Andrew David WheatonCity of St. Louis Law Department, Respondent
Milton Green
Jonathan Ellis TaylorGupta Wessler LLP, Petitioner
Jonathan Ellis TaylorGupta Wessler LLP, Petitioner
Professor Seth W. Stoughton
Joseph Carl CecereCecere, PC, Amicus
Joseph Carl CecereCecere, PC, Amicus