Supreme Court Report

Supreme Court of the United States · Official docket →

Luis A. Nieves, et al. v. Russell P. Bartlett

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35631 · judgment October 20, 2017

Decided · May 28, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

In Hartman v. Moore, 54 7 U.S. 250 (2006), this Court held that probable cause defeats a First Amendment retaliatory-prosecution claim under 42 U.S.C. § 1983 as a matter oflaw. Does probable cause likewise defeat a First Amendment retaliatory-arrest claim under § 1983?

Counsel of record

For petitioner
Dario Borghesan
State of Alaska Department of Law

For respondent
Zane Dale Wilson
CSG, Inc.

Case

Conference history
Distributed for 5 conferences

Amicus briefs
11 merits
(3 supporting pet./neither, 8 respondent)

Argument & decision

Argued November 26, 2018 — Dario Borghesan · Zane D. Wilson. Audio and transcript

Decided May 28, 2019. Opinion by Roberts, C.J..

Proceedings

  1. Jul 01 2019
    JUDGMENT ISSUED.
  2. May 28 2019
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Kagan, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to Part II-D. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in part and dissenting in part. Ginsburg, J., filed an opinion concurring in the judgment in part and dissenting in part. Sotomayor, J., filed a dissenting opinion.
  3. Apr 26 2019
    Record received from the U.S.D.C. District of Alaska (Anchorage) is electronic. One part of the record is Sealed
  4. Nov 26 2018
    Argued. For petitioners: Dario Borghesan, Assistant Attorney General, Anchorage, Alaska; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Zane D. Wilson, Fairbanks, Alaska.
  5. Nov 01 2018
    Reply of petitioners Luis A. Nieves, et al. filed. (Distributed)
  6. Oct 26 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Oct 19 2018
    CIRCULATED
  8. Oct 18 2018
    Record received from the U.S.C.A. 9th Circuit (1 envelope of restricted material). The public record is electronic and located on PACER.
  9. Oct 15 2018
    Record requested from U.S.C.D. 9th Circuit.
  10. Oct 09 2018
    SET FOR ARGUMENT ON Monday, November 26, 2018
  11. Oct 09 2018
    Motion to file volume II of the joint appendix under seal GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  12. Oct 09 2018
    Brief amici curiae of Three Individual Activists filed.
  13. Oct 09 2018
    Brief amici curiae of The First Amendment Foundation and Fane Lozman filed.
  14. Oct 09 2018
    Brief amicus curiae of Constitutional Accountability Center filed.
  15. Oct 09 2018
    Brief amicus curiae of Institute for Justice filed.
  16. Oct 09 2018
    Brief amici curiae of National Police Accountability Project, et al. filed.
  17. Oct 09 2018
    Brief amicus curiae of Institute for Free Speech filed.
  18. Oct 09 2018
    Brief amici curiae of National Press Photographers Association, et al. filed.
  19. Oct 09 2018
    Brief amicus curiae of The Rutherford Institute filed.
  20. Oct 02 2018
    Brief of respondent Russell P. Bartlett filed.
  21. Oct 02 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  22. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  23. Aug 27 2018
    Brief amicus curiae of United States of America filed.
  24. Aug 27 2018
    Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, National Sheriffs’ Association filed.
  25. Aug 27 2018
    Brief amici curiae of The District of Columbia, et al. filed.
  26. Aug 24 2018
    Blanket Consent filed by Respondent, Russell P. Bartlett
  27. Aug 20 2018
    Brief of petitioners Luis A. Nieves, et al. filed.
  28. Aug 20 2018
    Joint appendix filed (1 volume). (Statement of costs filed)
  29. Aug 20 2018
    Motion to file volume II of the joint appendix under seal filed by respondent Russell P. Bartlett.
  30. Aug 20 2018
    Joint appendix (volume II under sealed) filed . (Distributed)
  31. Aug 09 2018
    Blanket Consent filed by Petitioners, Luis A. Nieves, et al..
  32. Aug 08 2018
    Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 2, 2018.
  33. Jul 25 2018
    Motion for an extension of time to file the opening briefs on the merits filed.
  34. Jun 28 2018
    Petition GRANTED.
  35. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  36. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  37. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  38. May 14 2018
    Brief of respondent Russell P. Bartlett in support filed.
  39. Apr 12 2018
    Response Requested. (Due May 14, 2018)
  40. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  41. Feb 16 2018
    Petition for a writ of certiorari filed. (Response due March 26, 2018)