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Tina Cates v. Bruce D. Stroud, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-17026 · judgment September 25, 2020


Certiorari denied · October 12, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

The questions presented are:

  1. Whether the unanimous conclusion of multiple other courts of appeals suffices to clearly establish the law for purposes of qualified immunity.

  2. Whether general Fourth Amendment principles may render an unjustified search obviously unconstitutional and thus defeat qualified immunity.

  3. Whether this Court should eliminate or revise the doctrine of qualified immunity.

Counsel of record

For petitioner
James Reid Sigel
Morrison & Foerster, LLP

For respondent
Heidi Jill Parry Stern
Office of the Nevada Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 13 2021
    Reply of petitioner Tina Cates filed. (Distributed)
  4. Sep 01 2021
    Brief of respondents Bruce D. Stroud, et al. in opposition filed.
  5. Aug 02 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 1, 2021.
  6. Jul 30 2021
    Motion to extend the time to file a response from August 2, 2021 to September 1, 2021, submitted to The Clerk.
  7. Jun 30 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2021.
  8. Jun 29 2021
    Motion to extend the time to file a response from July 1, 2021 to August 2, 2021, submitted to The Clerk.
  9. Jun 01 2021
    Response Requested. (Due July 1, 2021)
  10. May 25 2021
    DISTRIBUTED for Conference of 6/10/2021.
  11. May 14 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  12. May 11 2021
    Brief amici curiae of The American Civil Liberties Union of Nevada, et al. filed.
  13. Apr 12 2021
    Petition for a writ of certiorari filed. (Response due May 14, 2021)