Supreme Court of the United States · Official docket →
Wayne Torcivia v. Suffolk County, New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 19-4167 · judgment November 9, 2021
Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
This Court has long held that, without “consent” or “exigent circumstances,” warrantless “entry into a home” is “unreasonable under the Fourth Amendment.” Steagald v. United States, 451 U.S. 204, 211 (1981). It has further explained that the contours of “exigent circumstances” and “any other warrant exception permitting home entry are jealously and carefully drawn.” Lange v. California, 141 S. Ct. 2011, 2018 (2021) (cleaned up). Accordingly, the Court has “repeatedly” declined to expand the scope of any exceptions to the warrant requirement for home entry. Caniglia v. Strom, 141 S. Ct. 1596, 1600 (2021). Despite this Court’s guidance, the Second Circuit, without relying “on any other Fourth Amendment exception,” Pet. App. 26a n.25, held that a “specialneeds exception” to the warrant requirement allows the government to enter a home to seize the firearms of a person suspected of no crime and who is not subject to penal control or supervision. And that court granted qualified immunity to non-police state officials who, after finding that Petitioner presented no risk to himself or others, continued to confine him in a mental hospital until his firearms were seized. The questions presented are:
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Whether a so-called “special-needs exception” to the Fourth Amendment exists and allows warrantless entry into the home of someone who is not subject to penal control or supervision.
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Whether the Court should overrule the judgemade qualified immunity doctrine as to non-police state actors.
Counsel of record
For petitioner
Gene Clayton Schaerr
Schaerr | Jaffe
For respondent
Scott Gerard Christesen
Fumuso Kelly Swart Farrell Polin & Christesen LLP
Proceedings
- Nov 14 2022Motion for leave to file amici brief filed by Firearms Policy Coalition, et al. GRANTED.
- Nov 14 2022Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
- Nov 14 2022Motion for leave to file amicus brief filed by New Civil Liberties Alliance GRANTED.
- Nov 14 2022Motion for leave to file amici brief filed by Gun Owners of America, Inc., et al. GRANTED.
- Nov 14 2022Petition DENIED.
- Nov 03 2022Supplemental brief of petitioner Wayne Torcivia filed. (Distributed)
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 21 2022Reply of petitioner Wayne Torcivia filed. (Distributed)
- Oct 11 2022Brief of respondents Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D. in opposition filed.
- Oct 11 2022Brief of respondent Mary Catherine Smith in opposition filed.
- Oct 10 2022Brief of respondent Suffolk County in opposition filed.
- Aug 19 2022Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022, for all respondents.
- Aug 18 2022Motion to extend the time to file a response from September 9, 2022 to October 11, 2022, submitted to The Clerk.
- Aug 10 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 10 2022Response Requested. (Due September 9, 2022)
- Aug 04 2022Waiver of right of respondents Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D. to respond filed.
- Jul 12 2022Waiver of right of respondent Mary Catherine Smith to respond filed.
- Jul 05 2022Motion for leave to file amicus brief filed by New Civil Liberties Alliance.
- Jul 05 2022Motion for leave to file amici brief filed by Gun Owners of America, Inc., et al.
- Jul 01 2022Motion for leave to file amicus brief filed by Institute for Justice.
- Jul 01 2022Motion for leave to file amici brief filed by Firearms Policy Coalition and FPC Action Foundation.
- Jun 29 2022Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2022, for all respondents.
- Jun 28 2022Motion to extend the time to file a response from July 5, 2022 to August 4, 2022, submitted to The Clerk.
- May 31 2022Petition for a writ of certiorari filed. (Response due July 5, 2022)
- Mar 22 2022Application (21A521) granted by Justice Sotomayor extending the time to file until May 31, 2022.
- Mar 17 2022Application (21A521) to extend the time to file a petition for a writ of certiorari from March 29, 2022 to May 28, 2022, submitted to Justice Sotomayor.