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Fane Lozman v. City of Riviera Beach, Florida

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 15-10550 · judgment February 28, 2017

Decided · June 18, 2018
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, 547 U.S. 250 (2006), this Court held that a plaintiff who claims he was subject to a retaliatory prosecution in violation of the First Amendment must plead and prove the absence of probable cause for the prosecution. The Court subsequently granted certiorari in Reichle v. Howards, 566 U.S. 658 (2012), to determine whether that rule should be extended to claims of retaliatory arrest as well. But the Court left that question unanswered, instead resolving the case on grounds of qualified immunity. This case presents the question Reichle reserved: Does the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law?

Counsel of record

For petitioner
Pamela Susan Karlan
Stanford Law School Supreme Court Litigation Clini

For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 10 merits
(6 supporting pet./neither, 4 respondent)

Argument & decision

Argued February 27, 2018 — Pamela S. Karlan · Shay Dvoretzky. Audio and transcript

Decided June 18, 2018. Opinion by Kennedy.

Proceedings

  1. Aug 29 2018
    The record from the U.S.D.C. Southern Dist. of Florida has been returned.
  2. Jul 20 2018
    JUDGMENT ISSUED.
  3. Jun 25 2018
    Statement of Printing Cost of Fane Lozman not accepted for filing. (August 03, 2018 - Document not meant for electronic filing.)
  4. Jun 18 2018
    Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion.
  5. Feb 27 2018
    Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. For respondent: Shay Dvoretzky, Washington, D. C.; and Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  6. Feb 16 2018
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Feb 16 2018
    Reply of petitioner Fane Lozman filed. (Distributed)
  8. Feb 02 2018
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  9. Jan 29 2018
    Brief amicus curiae of United States filed. (Distributed)
  10. Jan 29 2018
    Brief amici curiae of District of Columbia, et al. filed. (Distributed)
  11. Jan 29 2018
    Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
  12. Jan 26 2018
    Brief of respondent Riviera Beach, FL filed. (Distributed)
  13. Jan 26 2018
    Brief amicus curiae of State of Alaska filed. (Distributed)
  14. Jan 24 2018
    Record from the U.S.D.C. Southern District of Florida. (1 Envelope).
  15. Jan 22 2018
    Record received from the U.S.D.C. Southern District of Florida (West Palm Beach) is electronic.
  16. Jan 11 2018
    Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including January 26, 2018. Amicus briefs in support of respondent are to be filed on or before January 29, 2018.
  17. Jan 10 2018
    Record requested from the U.S.C.A. 11th Circuit.
  18. Jan 09 2018
    Motion of respondent for an extension of time filed.
  19. Jan 05 2018
    CIRCULATED
  20. Dec 29 2017
    Brief amici curiae of First Amendment Foundation, et al. filed.
  21. Dec 29 2017
    Brief amici curiae of Institute for Justice, et al. filed.
  22. Dec 29 2017
    Brief amicus curiae of Institute for Free Speech filed.
  23. Dec 29 2017
    Brief amici curiae of National Press Photographers Association and 25 Media and Free Speech Organizations filed.
  24. Dec 27 2017
    Brief amici curiae of Roderick and Solange MacArthur Justice Center filed.
  25. Dec 27 2017
    Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.
  26. Dec 22 2017
    Joint appendix filed.
  27. Dec 22 2017
    Brief of petitioner Fane Lozman filed.
  28. Dec 20 2017
    SET FOR ARGUMENT ON Tuesday, February 27, 2018
  29. Dec 19 2017
    Blanket Consent filed by Petitioner, Fane Lozman
  30. Nov 13 2017
    Petition GRANTED.
  31. Nov 06 2017
    DISTRIBUTED for Conference of 11/9/2017.
  32. Oct 18 2017
    DISTRIBUTED for Conference of 11/3/2017.
  33. Oct 18 2017
    Reply of petitioner Fane Lozman filed. (Distributed)
  34. Oct 11 2017
    Brief of respondent Riviera Beach, FL in opposition filed.
  35. Aug 16 2017
    Order extending time to file response to petition to and including October 11, 2017.
  36. Aug 10 2017
    Response Requested. (Due September 11, 2017)
  37. Aug 09 2017
    DISTRIBUTED for Conference of 9/25/2017.
  38. Jul 31 2017
    Brief amicus curiae of First Amendment Foundation filed.
  39. Jul 28 2017
    Brief amicus curiae of Institute for Justice filed.
  40. Jul 28 2017
    Waiver of right of respondent Riviera Beach, FL to respond filed.
  41. Jun 28 2017
    Petition for a writ of certiorari filed. (Response due July 31, 2017)
  42. May 15 2017
    Application (16A1100) granted by Justice Thomas extending the time to file until June 28, 2017.
  43. May 09 2017
    Application (16A1100) to extend the time to file a petition for a writ of certiorari from May 29, 2017 to June 28, 2017, submitted to Justice Thomas.