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Jody Lombardo, et al. v. City of St. Louis, Missouri, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1469 · judgment April 20, 2020

1%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 9%
GVR risk 7%

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

Question presented

Whether a reasonable jury could find that officers used excessive force when they put a handcuffed and shackled person face-down on the ground and pressed into his back until he suffocated.

Counsel of record

For petitioner
Jonathan Ellis Taylor
Gupta Wessler LLP

For respondent
Robert H. Dierker Jr.
City Counselor

Case

Conference history
Distributed for 21 conferences

Amicus briefs
3 cert-stage

Argument & decision

Decided June 28, 2021. Opinion by Per Curiam.

Proceedings

  1. Jul 30 2021
    JUDGMENT ISSUED.
  2. Jul 12 2021
    Record returned to the U.S.C.A. 8th Circuit (1 box).
  3. Jul 12 2021
    Record returned to the U.S.D.C. Eastern District of Missouri (1 envelope).
  4. Jun 28 2021
    The Court expresses no view as to whether the officers used unconstitutionally excessive force or, if they did, whether Gilbert's right to be free of such force in these circumstances was clearly established at the time of his death. The Court instead grants the petition for certiorari, vacates the judgment of the United States Court of Appeals for the Eighth Circuit, and remands the case to give the court the opportunity to employ an inquiry that clearly attends to the facts and circumstances in answering those questions in the first instance. Opinion per curiam. (Detached Opinion) Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting. (Detached Opinion)
  5. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  6. Jun 14 2021
    DISTRIBUTED for Conference of 6/17/2021.
  7. Jun 07 2021
    DISTRIBUTED for Conference of 6/10/2021.
  8. Jun 01 2021
    DISTRIBUTED for Conference of 6/3/2021.
  9. Jun 01 2021
    Record received from the U.S.D.C. Eastern District of Missouri (1 envelope).
  10. May 24 2021
    DISTRIBUTED for Conference of 5/27/2021.
  11. May 20 2021
    Record received from the U.S.C.A. 8th Circuit (1 box).
  12. May 17 2021
    DISTRIBUTED for Conference of 5/20/2021.
  13. May 12 2021
    Record Requested.
  14. May 10 2021
    DISTRIBUTED for Conference of 5/13/2021.
  15. Apr 29 2021
    Supplemental brief of petitioners Jody Lombardo, et al. filed.
  16. Apr 26 2021
    DISTRIBUTED for Conference of 4/30/2021.
  17. Apr 21 2021
    Rescheduled.
  18. Apr 19 2021
    DISTRIBUTED for Conference of 4/23/2021.
  19. Apr 12 2021
    DISTRIBUTED for Conference of 4/16/2021.
  20. Apr 12 2021
    Rescheduled.
  21. Mar 29 2021
    DISTRIBUTED for Conference of 4/1/2021.
  22. Mar 29 2021
    Rescheduled.
  23. Mar 23 2021
    Rescheduled.
  24. Mar 22 2021
    DISTRIBUTED for Conference of 3/26/2021.
  25. Mar 15 2021
    DISTRIBUTED for Conference of 3/19/2021.
  26. Mar 15 2021
    Rescheduled.
  27. Mar 01 2021
    DISTRIBUTED for Conference of 3/5/2021.
  28. Mar 01 2021
    Rescheduled.
  29. Feb 22 2021
    DISTRIBUTED for Conference of 2/26/2021.
  30. Feb 22 2021
    Rescheduled.
  31. Feb 16 2021
    Rescheduled.
  32. Feb 12 2021
    DISTRIBUTED for Conference of 2/19/2021.
  33. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  34. Jan 19 2021
    Rescheduled.
  35. Jan 11 2021
    DISTRIBUTED for Conference of 1/15/2021.
  36. Jan 11 2021
    Rescheduled.
  37. Jan 04 2021
    DISTRIBUTED for Conference of 1/8/2021.
  38. Jan 04 2021
    Rescheduled.
  39. Dec 07 2020
    DISTRIBUTED for Conference of 12/11/2020.
  40. Dec 07 2020
    Rescheduled.
  41. Nov 30 2020
    Rescheduled.
  42. Nov 12 2020
    Reply of petitioners Jody Lombardo, et al. filed. (Distributed)
  43. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  44. Oct 26 2020
    Brief amici curiae of Policing Scholars filed.
  45. Oct 26 2020
    Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
  46. Oct 26 2020
    Brief of respondents City of St. Louis, et al. in opposition filed.
  47. Oct 26 2020
    Brief amici curiae of Restore the Fourth, Inc., et al. filed.
  48. Sep 17 2020
    Petition for a writ of certiorari filed. (Response due October 26, 2020)