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Andrew Grimm v. City of Portland, Oregon

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35235 · judgment January 3, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether governmental obligations to attempt further notice under the Mullane standard can only be triggered if the government has “actual knowledge” that notice was not successful, as the Ninth Circuit held below, or is also triggered by “good reasons to suspect” that notice was not successful, as stated in Jones v. Flowers, 547 U.S. 220 (2006), and echoed by other Circuits and apex State courts.

  2. Whether, prior to seizing private vehicles in nonexigent circumstances, a city has any duty under the Mullane standard, as elaborated upon in Mennonite Bd. of Missions v. Adams, 462 U.S. 794 (1983), to make any attempt to check for contact information in obvious places that the city knows will have contact information, such as DMV vehicle-registration records or the city’s own smartphone parking app.

  3. Whether a government can rely solely on posting to attempt notice under the Mullane standard, despite Mennonite and Greene v. Lindsey, 456 U.S. 444 (1982), where piled-up infraction notices indicated (accurately) that postings hadn’t been seen and hadn’t been received.

  4. Whether to grant, vacate, and remand in light of Greene v. Lindsey, 456 U.S. 444 (1982).

  5. Whether to grant, vacate, and remand in light of City of L.A. v. David, 538 U.S. 715 (2003).

Counsel of record

For petitioner
Gregory William Keenan
Digital Justice Foundation

For respondent
Denis Marcel James Vannier
Portland Office of the City Attorney

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
24A1276

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 15 2025
    Waiver of right of respondent City of Portland to respond filed.
  4. Nov 25 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2026.
  5. Nov 25 2025
    Brief amicus curiae of Pacific Legal Foundation filed.
  6. Nov 24 2025
    Motion to extend the time to file a response from December 5, 2025 to January 9, 2026, submitted to The Clerk.
  7. Aug 28 2025
    Petition for a writ of certiorari filed. (Response due December 5, 2025)
  8. Jun 25 2025
    Application (24A1276) granted by Justice Kagan extending the time to file until August 28, 2025.
  9. Jun 21 2025
    Application (24A1276) to extend the time to file a petition for a writ of certiorari from June 29, 2025 to August 28, 2025, submitted to Justice Kagan.