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Alexander L. Baxter v. Brad Bracey, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5102 · judgment November 8, 2018

Certiorari denied · June 15, 2020
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Does binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up?

  2. Should the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, be narrowed or abolished?

Counsel of record

For petitioner
Scott Michelman
ACLU of the District of Columbia

For respondent
Melissa Sue Roberge
Metropolitan Government Department of Law

Case

Conference history
Distributed for 11 conferences

Amicus briefs
3 cert-stage

Linked docket
18A756

Argument & decision

Decided June 15, 2020.

Proceedings

  1. Jun 15 2020
    Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
  2. Jun 08 2020
    DISTRIBUTED for Conference of 6/11/2020.
  3. Jun 01 2020
    DISTRIBUTED for Conference of 6/4/2020.
  4. May 22 2020
    DISTRIBUTED for Conference of 5/28/2020.
  5. May 18 2020
    DISTRIBUTED for Conference of 5/21/2020.
  6. May 13 2020
    Rescheduled.
  7. Apr 28 2020
    DISTRIBUTED for Conference of 5/15/2020.
  8. Jan 08 2020
    Rescheduled.
  9. Jan 06 2020
    DISTRIBUTED for Conference of 1/10/2020.
  10. Dec 11 2019
    Rescheduled.
  11. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  12. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  13. Oct 15 2019
    Rescheduled.
  14. Oct 08 2019
    Rescheduled.
  15. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  16. Sep 23 2019
    Rescheduled.
  17. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  18. Jul 09 2019
    Reply of petitioner Alexander L. Baxter filed. (Distributed)
  19. Jun 25 2019
    Brief of respondents Brad Bracey, et al. in opposition filed.
  20. May 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
  21. May 31 2019
    Brief amici curiae of Legal Scholars filed.
  22. May 31 2019
    Brief amici curiae of Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public's Trust in Law Enforcement, and Promoting the Rule of Law filed.
  23. May 30 2019
    Brief amicus curiae of Cato Institute filed.
  24. May 23 2019
    Motion to extend the time to file a response from May 31, 2019 to July 1, 2019, submitted to The Clerk.
  25. May 01 2019
    Response Requested. (Due May 31, 2019)
  26. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  27. Apr 17 2019
    Waiver of right of respondents Brad Bracey, et al. to respond filed.
  28. Apr 08 2019
    Petition for a writ of certiorari filed. (Response due May 10, 2019)
  29. Jan 28 2019
    Application (18A756) granted by Justice Sotomayor extending the time to file until April 8, 2019.
  30. Jan 17 2019
    Application (18A756) to extend the time to file a petition for a writ of certiorari from February 6, 2019 to April 7, 2019, submitted to Justice Sotomayor.
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