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Mathew Grashorn v. Wendy Love, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1397 · judgment April 22, 2025


Certiorari denied · January 12, 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.

Question presented

Under this Court’s well-established qualified-immunity framework, courts conduct a two-part analysis to resolve an officer’s qualified-immunity defense on summary judgment. First, a court takes the historical facts “in the light most favorable to the party asserting the injury” and then determines, as a matter of law, whether these facts “show the officer’s conduct violated a constitutional right.” Scott v. Harris, 550 U.S. 372, 377 (2007). Thus, in Fourth Amendment cases like this one, a court determines at the first step whether the historical facts, viewed in plaintiff’s favor, show the officer’s actions were objectively unreasonable as a matter of law. Id. at 381 n.8. Second, a court determines whether the officer’s conduct “violate[s] clearly established statutory or constitutional rights.” Rivas-Villegas v. Cortesluna, 595 U.S. 1, 5 (2021) (per curiam). This “inquiry ‘must be undertaken in light of the specific context of the case, not as a broad general proposition.’” Id. at 5–6. “[S]pecificity is especially important in the Fourth Amendment context,” id. at 6, particularly where “split-second judgments” are concerned, Barnes v. Felix, 145 S. Ct. 1353, 1363 (2025) (Kavanaugh, J., concurring). The questions presented are: 1. Whether, when conducting an objective reasonableness analysis to determine if an officer is entitled to qualified immunity, a reviewing court lacks jurisdiction over a district court’s determinations

Counsel of record

For petitioner
Vincent Gregory Levy
Holwell Shuster & Goldberg, LLP

For respondent
Sarah Jay Schielke
The Life & Liberty Law Office

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
25A41

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 19 2025
    Reply of petitioner Mathew Grashorn filed. (Distributed)
  4. Dec 05 2025
    Brief of respondents Wendy Love, et al. in opposition filed.
  5. Nov 03 2025
    Motion to extend the time to file a response is granted in part and the time is further extended to and including December 5, 2025.
  6. Oct 31 2025
    Motion to extend the time to file a response from November 10, 2025 to December 10, 2025, submitted to The Clerk.
  7. Oct 09 2025
    Brief amicus curiae of Law Enforcement Legal Defense Fund filed.
  8. Oct 09 2025
    Brief amici curiae of Peace Officers Research Association of California, et al. filed.
  9. Sep 25 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2025.
  10. Sep 23 2025
    Motion to extend the time to file a response from October 9, 2025 to November 10, 2025, submitted to The Clerk.
  11. Sep 09 2025
    Response Requested. (Due October 9, 2025)
  12. Sep 03 2025
    DISTRIBUTED for Conference of 9/29/2025.
  13. Aug 27 2025
    Waiver of right of respondent Wendy Love, et al. to respond filed.
  14. Aug 20 2025
    Petition for a writ of certiorari filed. (Response due September 22, 2025)
  15. Jul 11 2025
    Application (25A41) granted by Justice Gorsuch extending the time to file until August 20, 2025.
  16. Jul 08 2025
    Application (25A41) to extend the time to file a petition for a writ of certiorari from July 21, 2025 to September 19, 2025, submitted to Justice Gorsuch.