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Carlos Vega v. Terence B. Tekoh

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56414 · judgment January 15, 2021


Decided · June 23, 2022
Pre-decision estimate: 19% cert probability (95% interval 15%–25%)

Before the decision, about 4.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

In Miranda v. Arizona, 384 U.S. 436 (1966), this Court announced a prophylactic rule protecting the Fifth Amendment right against self-incrimination. That rule generally prohibits criminal trial courts from admitting into evidence against a criminal defendant any selfincriminating statement made by that defendant while he was in custody, unless the defendant first received certain warnings spelled out in Miranda. The Civil Rights Act of 1871, 42 U.S.C. § 1983, provides a damages remedy for deprivations of any right secured by the Constitution and laws of the United States. The question presented is: Whether a plaintiff may state a claim for relief against a law enforcement officer under Section 1983 based simply on an officer's failure to provide the warnings prescribed in Miranda.

Counsel of record

For petitioner
Roman Martinez V
Latham & Watkins, LLP

For respondent
Paul Lindsey Hoffman
Schonbrun Seplow Harris Hoffman & Zeldes LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage · 11 merits
(4 supporting pet./neither, 7 respondent)

Argument & decision

Argued April 20, 2022 — Roman Martinez · Paul L. Hoffman. Audio and transcript

Decided June 23, 2022. Opinion by Alito.

Proceedings

  1. Jul 25 2022
    JUDGMENT ISSUED
  2. Jun 23 2022
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
  3. Apr 20 2022
    Argued. For petitioner: Roman Martinez, Washington, D. C.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Paul L. Hoffman, Hermosa Beach, Cal.
  4. Apr 14 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
  5. Apr 08 2022
    Reply of petitioner Carlos Vega filed. (Distributed)
  6. Apr 06 2022
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
  7. Apr 06 2022
    Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
  8. Apr 06 2022
    Brief amici curiae of False Confession and Wrongful Conviction Scholars filed. (Distributed)
  9. Apr 06 2022
    Brief amici curiae of The American Civil Liberties Union and Cato Institute filed. (Distributed)
  10. Apr 06 2022
    Brief amici curiae of Historians of Criminal Procedure filed. (Distributed)
  11. Apr 06 2022
    Brief amicus curiae of The National Police Accountability Project filed. (Distributed)
  12. Apr 04 2022
    Brief amici curiae of California Attorneys for Criminal Justice and Professor Charles D. Weisselberg filed. (Distributed)
  13. Mar 30 2022
    Brief of respondent Terence B. Tekoh filed. (Distributed)
  14. Mar 23 2022
    CIRCULATED
  15. Mar 17 2022
    The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer, with the exception of one Sealed document that has been electronically filed.
  16. Mar 16 2022
    Record requested from the U.S.C.A. 9th Circuit.
  17. Mar 15 2022
    ARGUMENT SET FOR Wednesday, April 20, 2022.
  18. Mar 08 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
  19. Mar 07 2022
    Brief amicus curiae of United States filed.
  20. Mar 07 2022
    Brief amici curiae of Local Government Organizations (IMLA) filed.
  21. Mar 07 2022
    Brief amicus curiae of National Association of Police Organizations filed.
  22. Mar 07 2022
    Brief amici curiae of Arizona, et al. filed.
  23. Feb 28 2022
    Brief of petitioner Carlos Vega filed.
  24. Feb 28 2022
    Joint appendix filed. (Statement of costs filed)
  25. Feb 16 2022
    Blanket Consent filed by Respondent, Terence B. Tekoh
  26. Feb 16 2022
    Blanket Consent filed by Petitioner, Carlos Vega
  27. Jan 14 2022
    Petition GRANTED.
  28. Jan 10 2022
    DISTRIBUTED for Conference of 1/14/2022.
  29. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  30. Dec 22 2021
    Reply of petitioner Carlos Vega filed. (Distributed)
  31. Dec 06 2021
    Brief of respondent Terence B. Tekoh in opposition filed.
  32. Nov 04 2021
    Response Requested. (Due December 6, 2021)
  33. Nov 03 2021
    Brief amici curiae of International Municipal Lawyers Association, et al. filed.
  34. Nov 03 2021
    Brief amici curiae of Arizona, et al. filed.
  35. Nov 03 2021
    Brief amicus curiae of National Association of Police Organizations filed.
  36. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  37. Oct 29 2021
    Waiver of right of respondent Terence B. Tekoh to respond filed.
  38. Oct 01 2021
    Petition for a writ of certiorari filed. (Response due November 3, 2021)