Supreme Court of the United States · Official docket →
John Maguire, et al. v. Anika Edrei, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2065 · judgment June 13, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
NYPD officers were escorting a large protest in the middle of Manhattan when the situation grew chaotic: a hostile crowd of protestors surrounded a much smaller group of officers, yelling and blocking a major intersection, with some throwing glass bottles and other objects toward the outnumbered officers. To gain control of the scene and direct protestors out of the roadway, Lieutenant John Maguire and Officer Mike Poletto used the alert tone and oral announcement functions of an LRAD 100X—a groundbreaking, portable acoustic device—at intervals over the next three minutes. None of the plaintiffs in this lawsuit were arrested or detained. The question presented is: Did the Second Circuit err in finding a potential constitutional violation for excessive force and denying the officers qualified immunity, particularly given that no case had addressed whether and when sound constitutes force, much less held that the use of an acoustic device crosses the line into constitutionally excessive force under circumstances resembling those here or, indeed, under any circumstances at all?
Counsel of record
For petitioner
Richard Paul Dearing
City of New York
For respondent
Paul Whitfield Hughes
McDermott Will & Emery
Proceedings
- May 20 2019Petition DENIED.
- Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
- Apr 29 2019Reply of petitioners Lieutenant John Maguire, et al. filed.
- Apr 12 2019Brief of respondents Edrei Anika, et al. in opposition filed.
- Mar 26 2019Motion to extend the time to file a response is granted in part and the time is further extended to and including April 12, 2019.
- Mar 25 2019Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
- Mar 25 2019Response to motion from petitioner Lieutenant John Maguire, et al. filed.
- Feb 22 2019Motion to extend the time to file a response is granted and the time is further extended to and including March 27, 2019.
- Feb 20 2019Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
- Jan 17 2019Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2019.
- Jan 16 2019Motion to extend the time to file a response from January 25, 2019 to February 25, 2019, submitted to The Clerk.
- Dec 19 2018Petition for a writ of certiorari filed. (Response due January 25, 2019)
- Nov 21 2018Application (18A536) granted by Justice Ginsburg extending the time to file until December 19, 2018.
- Nov 15 2018Application (18A536) to extend the time to file a petition for a writ of certiorari from November 28, 2018 to December 19, 2018, submitted to Justice Ginsburg.