No. 25-547

Andrew Grimm v. City of Portland, Oregon

Lower Court: Ninth Circuit
Docketed: 2025-11-05
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: None
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (from Petition)

1. Whether governmental obligations to attempt further notice under the Mullane standard can only be triggered if the government has "actual knowledge" that notice was not successful, as the Ninth Circuit held below, or is also triggered by "good reasons to suspect" that notice was not successful, as stated in Jones v. Flowers, 547 U.S. 220 (2006), and echoed by other Circuits and apex State courts.

2. Whether, prior to seizing private vehicles in non-exigent circumstances, a city has any duty under the Mullane standard, as elaborated upon in Mennonite Bd. of Missions v. Adams, 462 U.S. 794 (1983), to make any attempt to check for contact information in obvious places that the city knows will have contact information, such as DMV vehicle-registration records or the city's own smartphone parking app.

3. Whether a government can rely solely on posting to attempt notice under the Mullane standard, despite Mennonite and Greene v. Lindsey, 456 U.S. 444 (1982), where piled-up infraction notices indicated (accurately) that postings hadn't been seen and hadn't been received.

4. Whether to grant, vacate, and remand in light of Greene v. Lindsey, 456 U.S. 444 (1982).

5. Whether to grant, vacate, and remand in light of City of L.A. v. David, 538 U.S. 715 (2003).

Question Presented (AI Summary)

Question not identified.

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-15
Waiver of City of right to respond submitted.
2025-12-15
Waiver of right of respondent City of Portland to respond filed.
2025-11-25
Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2026.
2025-11-25
Amicus brief of Pacific Legal Foundation submitted.
2025-11-25
Brief amicus curiae of Pacific Legal Foundation filed.
2025-11-24
Motion to extend the time to file a response from December 5, 2025 to January 9, 2026, submitted to The Clerk.
2025-08-28
Petition for a writ of certiorari filed. (Response due December 5, 2025)
2025-06-25
Application (24A1276) granted by Justice Kagan extending the time to file until August 28, 2025.
2025-06-21
Application (24A1276) to extend the time to file a petition for a writ of certiorari from June 29, 2025 to August 28, 2025, submitted to Justice Kagan.

Attorneys

Amicus Curiae
Oladeji Muibi TiamiyuUniversity of Denver Law School, Amicus
Andrew Grimm
Gregory William KeenanDigital Justice Foundation, Petitioner
City
Denis Marcel James VannierPortland Office of the City Attorney, Respondent
Pacific Legal Foundation
Christina Marie MartinChristina M. Martin, Amicus