Supreme Court of the United States · Official docket →
Amy Hadley v. City of South Bend, Indiana, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-2448 · judgment October 7, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Fifth Amendment’s Takings Clause guarantees that private property shall not “be taken for public use, without just compensation.” U.S. Const. amend. V. Local police officers trying to catch a criminal deliberately inflicted major damage to an innocent homeowner’s property when raiding her house. (The raid was an error; the criminal had no connection to the homeowner or her house.) The government has not compensated her, leaving her to bear thousands of dollars in costs herself. The questions presented are:
-
Whether the Takings Clause has a policepower exception, making no compensation due when the government damages private property under its police power outside of eminent domain (as the Seventh, Tenth, and Federal Circuits hold)—or not (as the Fourth, Fifth, Sixth, and Eleventh Circuits hold).
-
Whether the government is exempt from liability under the Takings Clause when law enforcement officers intentionally destroy an innocent person’s property while trying to apprehend a fugitive.
Counsel of record
For petitioner
Marie Leora Miller
Institute for Justice
For respondent
Peter John Agostino
Anderson, Agostino & Keller, P.C.
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage
Linked docket
25A795
Order
Order list, October 19, 2026 · Certiorari denied
Proceedings
- Oct 13 2026DISTRIBUTED for Conference of 10/16/2026.
- Oct 05 2026DISTRIBUTED for Conference of 10/9/2026.
- Jun 24 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 22 2026Reply of petitioner Amy Hadley filed. (Distributed)
- Jun 08 2026Brief of respondents The City of South Bend, Indiana, et al. in opposition filed.
- May 08 2026Brief amici curiae of Leo Lech, et al. filed.
- May 08 2026Brief amicus curiae of Pacific Legal Foundation filed.
- May 08 2026Brief amicus curiae of Chief Thomas J. Tiderington filed.
- May 08 2026Brief amici curiae of Professor James W. Ely, Jr., et al. filed.
- May 07 2026Brief amici curiae of Small Property Owners of San Francisco Institute, et al. filed.
- Apr 24 2026Motion to extend the time to file a response is granted and the time is extended to and including June 8, 2026, for all respondents.
- Apr 23 2026Motion to extend the time to file a response from May 8, 2026 to June 8, 2026, submitted to The Clerk.
- Apr 06 2026Petition for a writ of certiorari filed. (Response due May 8, 2026)
- Jan 09 2026Application (25A795) granted by Justice Barrett extending the time to file until April 6, 2026.
- Jan 06 2026Application (25A795) to extend the time to file a petition for a writ of certiorari from February 5, 2026 to April 6, 2026, submitted to Justice Barrett.