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Officer Phillip Reinink, in His Individual and Official Capacity v. Sean Hart, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-1382 · judgment May 15, 2025


Certiorari denied · May 26, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. In the Fourth Amendment reasonableness of a seizure context, whether a law enforcement officer’s intended level of force is relevant to determining whether an officer’s use-of-force should be analyzed under a deadly-use-of-force standard or a general useof-force standard?

  2. In analyzing an excessive force claim brought under 42 U.S.C. § 1983, whether an officer’s mistaken use-of-force was higher than what he or she intended, entitles the officer to qualified immunity, so long as the mistake is reasonable under the circumstances?

Counsel of record

For petitioner
Michael Thomas Berger
Rosati Schultz Joppich & Amtsbuecher, P.C.

For respondent
Christopher Patrick Desmond
Ven Johnson Law, PLC

Case

Conference history
Distributed for 13 conferences

Proceedings

  1. May 26 2026
    Petition DENIED. Justice Thomas and Justice Alito would grant the petition and summarily reverse for essentially the reasons given in Judge Larsen’s separate opinion. See Hart v. Grand Rapids, 138 F. 4th 409, 426–428 (CA6 2025).
  2. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. May 11 2026
    DISTRIBUTED for Conference of 5/14/2026.
  4. Apr 27 2026
    DISTRIBUTED for Conference of 5/1/2026.
  5. Apr 20 2026
    DISTRIBUTED for Conference of 4/24/2026.
  6. Apr 13 2026
    DISTRIBUTED for Conference of 4/17/2026.
  7. Mar 30 2026
    DISTRIBUTED for Conference of 4/2/2026.
  8. Mar 23 2026
    DISTRIBUTED for Conference of 3/27/2026.
  9. Mar 16 2026
    DISTRIBUTED for Conference of 3/20/2026.
  10. Mar 02 2026
    DISTRIBUTED for Conference of 3/6/2026.
  11. Feb 26 2026
    Rescheduled.
  12. Feb 23 2026
    DISTRIBUTED for Conference of 2/27/2026.
  13. Feb 19 2026
    Rescheduled.
  14. Feb 13 2026
    DISTRIBUTED for Conference of 2/20/2026.
  15. Jan 21 2026
    Rescheduled.
  16. Jan 07 2026
    DISTRIBUTED for Conference of 1/23/2026.
  17. Jan 02 2026
    Reply of petitioner Phillip Reinink filed.
  18. Dec 17 2025
    Brief of respondents Sean Hart, et al. in opposition filed.
  19. Dec 02 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including December 17, 2025.
  20. Dec 01 2025
    Motion to extend the time to file a response from December 3, 2025 to December 17, 2025, submitted to The Clerk.
  21. Nov 03 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025.
  22. Oct 31 2025
    Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
  23. Oct 03 2025
    Response Requested. (Due November 3, 2025)
  24. Sep 17 2025
    DISTRIBUTED for Conference of 10/10/2025.
  25. Sep 15 2025
    Waiver of right of respondent Sean Hart, et al. to respond filed.
  26. Aug 11 2025
    Petition for a writ of certiorari filed. (Response due September 15, 2025)