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District of Columbia, et al. v. Theodore Wesby, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 12-7127 · judgment September 2, 2014

Decided · January 22, 2018
At-filing estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Police officers found late-night partiers inside a vacant home belonging to someone else. After giving conflicting stories for their presence, some partiers claimed they had been invited by a different person who was not there. The lawful owner told the officers, however, that he had not authorized entry by anyone. The officers arrested the partiers for trespassing. The questions presented are:

  1. Whether the officers had probable cause to arrest under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state.

  2. Whether, even if there was no probable cause to arrest the apparent trespassers, the officers were entitled to qualified immunity because the law was not clearly established in this regard.

Counsel of record

For petitioner
Loren L. AliKhan
D.C. Office of the Attorney General

For respondent
Nathaniel Peardon Garrett
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 10 conferences

Amicus briefs
1 cert-stage · 4 merits
(3 supporting pet./neither, 1 respondent)

Linked docket
15A1050, 16A956

Argument & decision

Argued October 4, 2017 — Todd Kim · Nathaniel P. Garrett. Listen and read along · the Court’s audio

Decided January 22, 2018. Opinion by Thomas.

Proceedings

  1. Feb 23 2018
    JUDGMENT ISSUED.
  2. Jan 22 2018
    Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment in part.
  3. Oct 04 2017
    Argued. For petitioners: Todd Kim, Solicitor General, Washington, D. C.; and Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nathaniel P. Garrett, San Francisco, Cal.
  4. Sep 01 2017
    Reply of petitioners District of Columbia, et al. filed. (Distributed)
  5. Aug 25 2017
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Aug 21 2017
    Record received from the U.S.C.A. District of Columbia Circuit is electronic and available on PACER with the exception of one restricted document that is electronic.
  7. Aug 09 2017
    CIRCULATED
  8. Aug 01 2017
    Record requested from the U.S.C.A. District of Columbia Circuit.
  9. Jul 19 2017
    SET FOR ARGUMENT on Wednesday, October 4, 2017.
  10. Jul 19 2017
    Brief amici curiae of American Civil Liberties Union, et al. filed.
  11. Jul 12 2017
    Brief of respondents Theodore Wesby, et al. filed.
  12. May 22 2017
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  13. May 12 2017
    Brief amicus curiae of United States filed.
  14. May 12 2017
    Brief amici curiae of Utah and Twenty-Five Other States filed.
  15. May 11 2017
    Brief amici curiae of The National Association of Counties, et al. filed.
  16. May 05 2017
    Joint appendix filed. (Statement of costs filed.)
  17. May 05 2017
    Brief of petitioners District of Columbia, et al. filed.
  18. Apr 12 2017
    Application (16A956) granted by The Chief Justice extending the time to file the reply brief on the merits until September 1, 2017.
  19. Apr 05 2017
    Application (16A956) to extend the time to file a reply brief on the merits from August 11, 2017 to September 1, 2017, submitted to The Chief Justice.
  20. Feb 17 2017
    The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2017.
  21. Feb 17 2017
    The time to file respondents' brief on the merits is extended to and including July 12, 2017.
  22. Jan 19 2017
    Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc. GRANTED.
  23. Jan 19 2017
    Petition GRANTED.
  24. Jan 17 2017
    DISTRIBUTED for Conference of January 19, 2017.
  25. Jan 09 2017
    DISTRIBUTED for Conference of January 13, 2017.
  26. Dec 27 2016
    DISTRIBUTED for Conference of January 6, 2017.
  27. Dec 05 2016
    DISTRIBUTED for Conference of December 9, 2016.
  28. Nov 28 2016
    DISTRIBUTED for Conference of December 2, 2016.
  29. Nov 14 2016
    DISTRIBUTED for Conference of November 22, 2016.
  30. Nov 07 2016
    DISTRIBUTED for Conference of November 10, 2016.
  31. Oct 31 2016
    DISTRIBUTED for Conference of November 4, 2016.
  32. Oct 05 2016
    DISTRIBUTED for Conference of October 28, 2016.
  33. Oct 04 2016
    Reply of petitioners District of Columbia, et al. filed.
  34. Sep 16 2016
    Brief of respondents Theodore Wesby, et al. in opposition filed.
  35. Aug 08 2016
    Order extending time to file response to petition to and including September 16, 2016.
  36. Jul 18 2016
    Response Requested. (Due August 17, 2016)
  37. Jul 13 2016
    DISTRIBUTED for Conference of September 26, 2016.
  38. Jul 08 2016
    Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc.
  39. Jul 08 2016
    Brief amici curiae of Utah and Seventeen Other States filed.
  40. Jun 28 2016
    Waiver of right of respondents Theodore Wesby, et al. to respond filed.
  41. Jun 08 2016
    Petition for a writ of certiorari filed. (Response due July 8, 2016)
  42. Apr 13 2016
    Application (15A1050) to extend the time to file a petition for a writ of certiorari from May 8, 2016 to June 8, 2016, submitted to The Chief Justice.
  43. Apr 13 2016
    Application (15A1050) granted by The Chief Justice extending the time to file until June 8, 2016.