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City of Newport Beach, California, et al. v. Richard Vos, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56791 · judgment June 11, 2018

Certiorari denied · May 20, 2019
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody? (This Court granted certiorari on this question in City and County of San Francisco v. Sheehan, Docket No. 13-1412, but did not resolve it.)

  2. Under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, must a court take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force?

  3. Under the Fourth Amendment’s analysis for use of force, is a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life diminished if the assailant is mentally ill?

Counsel of record

For petitioner
Daniel P. Barer
Pollak, Vida and Barer

For respondent
Paul Lindsey Hoffman
SSHHZ LLP

Case

Conference history
Distributed for 6 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. May 13 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. May 06 2019
    DISTRIBUTED for Conference of 5/9/2019.
  4. Apr 22 2019
    DISTRIBUTED for Conference of 4/26/2019.
  5. Apr 15 2019
    DISTRIBUTED for Conference of 4/18/2019.
  6. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  7. Mar 25 2019
    Reply of petitioners City of Newport Beach, a governmental entity; Richard Henry; Nathan Farris filed. (Distributed)
  8. Mar 11 2019
    Brief of respondents Richard Vos, et al. in opposition filed.
  9. Jan 29 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019. See Rule 30.1.
  10. Jan 25 2019
    Motion to extend the time to file a response from February 8, 2019 to March 10, 2019, submitted to The Clerk.
  11. Jan 09 2019
    Response Requested. (Due February 8, 2019)
  12. Jan 02 2019
    DISTRIBUTED for Conference of 1/18/2019.
  13. Dec 20 2018
    Waiver of right of respondents Richard Vos, et al. to respond filed.
  14. Dec 20 2018
    Brief amici curiae of California State Association of Counties, et al. filed.
  15. Nov 20 2018
    Petition for a writ of certiorari filed. (Response due December 24, 2018)