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Larry Thompson v. Pagiel Clark, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 19-580 · judgment February 24, 2020
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
I. Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to legal process requires the plaintiff to show that the criminal proceeding against him has “formally ended in a manner not inconsistent with his innocence,” Laskar v. Hurd, 972 F.3d 1278, 1293 (11th Cir. 2020), or that the proceeding “ended in a manner that affirmatively indicates his innocence,” Lanning v. City of Glens Falls, 908 F.3d 19, 22 (2d Cir. 2018); see also Laskar, 972 F.3d at 1293 (acknowledging 7-1 circuit conflict). II. Where a Section 1983 plaintiff brings a Fourth Amendment claim for unlawful warrantless entry of his home and the government pursues a justification of exigent circumstances, does the government have the burden to prove exigency existed (as the Third, Sixth, Ninth and Tenth Circuits have held), or does the plaintiff have to prove its non-existence (as the Second, Seventh and Eighth Circuits have held). ORDER OF MARCH 11, 2021: LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Amir H. Ali
Roderick & Solange MacArthur Justice Center
For respondent
Richard Paul Dearing
New York City Law Department
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 15 merits
(13 supporting pet./neither, 2 respondent)
Argument & decision
Argued October 12, 2021 — Amir H. Ali · John D. Moore. Audio and transcript
Decided April 4, 2022. Opinion by Kavanaugh.
Proceedings
- May 06 2022JUDGMENT ISSUED.
- Apr 04 2022Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined.
- Oct 12 2021Argued. For petitioner: Amir H. Ali, Washington, D. C.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John D. Moore, New York, N. Y.
- Sep 30 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 30 minutes for respondents.
- Sep 20 2021Sealed record material from the U.S.D.C. Eastern District of New York has been electronically filed.
- Sep 15 2021The record from the U.S.D.C. Eastern District of New York (Brooklyn) has been electronically filed.
- Sep 15 2021Reply of petitioner Larry Thompson filed. (Distributed)
- Sep 08 2021ARGUMENT RESCHEDULED FOR Tuesday, October 12, 2021.
- Sep 01 2021Record requested from the U.S.C.A. 2nd Circuit.
- Sep 01 2021The record from the U.S.C.A. 2nd Circuit has been electronically filed.
- Aug 23 2021Brief amicus curiae of The District Attorneys Association of the State of New York filed.
- Aug 23 2021Brief amici curiae of City of Chicago, et al. filed.
- Aug 20 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 16 2021ARGUMENT SET FOR Monday, November 1, 2021.
- Aug 16 2021Brief of respondents Police Officer Pagiel Clark, Shield #28472, et al. filed.
- Jun 11 2021Brief amicus curiae of Home School Legal Defense Association filed.
- Jun 11 2021Brief amicus curiae of United States filed.
- Jun 11 2021Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
- Jun 11 2021Brief amici curiae of Current and Former Prosecutors, et al. filed.
- Jun 11 2021Brief amici curiae of National Police Accountability Project, et al. filed.
- Jun 11 2021Brief amicus curiae of Law Enforcement Action Partnership filed.
- Jun 11 2021Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
- Jun 11 2021Brief amicus curiae of APA Watch filed.
- Jun 11 2021Brief amicus curiae of Boston University Center for Antiracist Research filed.
- Jun 11 2021Brief amicus curiae of Constitutional Accountability Center filed.
- Jun 11 2021Brief amicus curiae of Institute for Justice filed.
- Jun 11 2021Brief amici curiae of American Civil Liberties Union, et al. filed.
- Jun 11 2021Brief amici curiae of Federal Courts Scholars filed.
- Jun 04 2021Joint appendix filed. (Statement of costs filed)
- Jun 04 2021Brief of petitioner Larry Thompson filed.
- May 04 2021Blanket Consent filed by Respondent, Police Officer Pagiel Clark, Shield #28472, et al.
- Mar 31 2021Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 4, 2021. The time to file respondents' brief on the merits is extended to and including August 16, 2021.
- Mar 24 2021Joint motion for an extension of time to file the briefs on the merits filed.
- Mar 11 2021The order granting the petition for a writ of certiorari is amended as follows: The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
- Mar 08 2021Petition GRANTED.
- Mar 01 2021DISTRIBUTED for Conference of 3/5/2021.
- Feb 10 2021DISTRIBUTED for Conference of 2/26/2021.
- Feb 09 2021Reply of petitioner Larry Thompson filed. (Distributed)
- Feb 08 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
- Feb 03 2021Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed.
- Jan 04 2021Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
- Jan 04 2021Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.
- Dec 28 2020Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
- Dec 24 2020Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
- Dec 03 2020Response Requested. (Due January 4, 2021)
- Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
- Nov 18 2020Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed.
- Nov 06 2020Petition for a writ of certiorari filed. (Response due December 14, 2020)