Supreme Court of the United States · Official docket →
Officer Benjamin M. Bauer v. Ethan Daniel Marks
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1420 · judgment July 12, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
During an emergency medical evacuation amidst a large, violent protest that had become a riot, a six-foot, two-hundred pound man assaulted an officer and grabbed the officer’s riot baton in an apparent attempt to disarm him. Witnessing this, and believing the attack would escalate in violence and impede the medical evacuation of an incapacitated civilian, the officer at issue used a lesslethal projectile to repel the attacker and stop the assault on his fellow officer. No officers attempted to encircle, block, chase, detain, or arrest the assailant as he fled in the direction of his choosing. The questions presented are:
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Whether the officer’s use of a less-lethal projectile to repel the attacker, to stop an assault on a fellow officer and protect an incapacitated civilian, under these particular circumstances constitutes a seizure under the Fourth Amendment.
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Whether the law clearly established that the officer’s use of a less-lethal projectile under these particular circumstances constituted a seizure or an unreasonable use of force under the Fourth Amendment.
Counsel of record
For petitioner
Kristin Renee Sarff
Minneapolis City Attorney's Office
For respondent
Robert Bennett
Robins Kaplan LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage
Proceedings
- Jun 30 2025Judgment Issued.
- May 27 2025Motion for leave to file amicus brief filed by International Municipal Lawyers Association GRANTED.
- May 27 2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Barnes v. Felix, 605 U. S. ___ (2025).
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 14 2025Reply of petitioner Officer Benjamin M. Bauer filed. (Distributed)
- Feb 03 2025Brief of respondent Ethan Daniel Marks in opposition filed.
- Jan 13 2025Motion for leave to file amicus brief filed by International Municipal Lawyers Association.
- Jan 09 2025Brief amicus curiae of Minnesota Police and Peace Officers Association filed.
- Dec 18 2024Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2025.
- Dec 17 2024Motion to extend the time to file a response from January 13, 2025 to February 3, 2025, submitted to The Clerk.
- Dec 12 2024Response Requested. (Due January 13, 2025)
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 06 2024Waiver of right of respondent Ethan Daniel Marks to respond filed.
- Dec 03 2024Petition for a writ of certiorari filed. (Response due January 6, 2025)