Supreme Court of the United States · Official docket →
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 June 29, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
When officers put a handcuffed and shackled person face-down on the floor and push into his back until he dies, are they entitled to qualified immunity as a matter of law because the person struggled to breathe before dying?
Counsel of record
For petitioner
Jonathan Ellis Taylor
Gupta Wessler PLLC
For respondent
Andrew David Wheaton
City of St. Louis Law Department
Argument & decision
Decided June 30, 2023.
Proceedings
- Jul 07 2023Record returned to the U.S.C.A.-8th Circuit (1 box).
- Jul 07 2023Electronic materials returned to the U.S.D.C.-Eastern District of Missouri (three CDs).
- Jun 30 2023Petition DENIED. Justice Jackson would grant the petition for a writ of certiorari. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
- Jun 12 2023Rescheduled.
- Jun 05 2023DISTRIBUTED for Conference of 6/8/2023.
- Jun 05 2023Rescheduled.
- May 30 2023DISTRIBUTED for Conference of 6/1/2023.
- May 30 2023Rescheduled.
- May 22 2023DISTRIBUTED for Conference of 5/25/2023.
- May 22 2023Rescheduled.
- May 12 2023Rescheduled.
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- Apr 27 2023Electronic materials received from the U.S.D.C.-Eastern District of Missouri. The remaining record is available on PACER.
- Apr 18 2023Record received from the U.S.C.A.-8th Circuit (1 box).
- Apr 10 2023Record Requested.
- Mar 30 2023Reply of petitioners Jody Lombardo, et al. filed. (Distributed)
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 13 2023Brief of respondents City of St. Louis, Missouri, et al. in opposition filed.
- Feb 03 2023Motion to extend the time to file a response is granted in part and the time is extended to and including March 13, 2023.
- Feb 02 2023Response to motion for an extension of time from petitioner Jody Lombardo, et al. filed.
- Jan 26 2023Motion to extend the time to file a response from February 8, 2023 to April 10, 2023, submitted to The Clerk.
- Jan 09 2023Response Requested. (Due February 8, 2023)
- Jan 04 2023DISTRIBUTED for Conference of 1/20/2023.
- Dec 30 2022Brief amicus curiae of Professor Seth Stoughton filed. (Distributed)
- Dec 30 2022Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
- Dec 28 2022Waiver of right of respondents City of St. Louis, Missouri, et al. to respond filed.
- Nov 28 2022Petition for a writ of certiorari filed. (Response due December 30, 2022)
- Sep 13 2022Application (22A220) granted by Justice Kavanaugh extending the time to file until November 26, 2022.
- Sep 09 2022Application (22A220) to extend the time to file a petition for a writ of certiorari from September 27, 2022 to November 26, 2022, submitted to Justice Kavanaugh.