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Lombardo v. City of St. Louis, Missouri

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Docket No. Op. Below Argument Opinion Vote Author Term
20-391 8th Cir. Not Argued Jun 28, 2021 6-3 Per Curiam OT 2020

Holding: Because it is unclear in this excessive force case whether the Eighth Circuit incorrectly thought the use of a prone restraint is per se constitutional so long as an individual appears to resist officers’ efforts to subdue him, the U.S. Court of Appeals for the 8th Circuit’s judgment is vacated, and the case is remanded to give the lower court the opportunity in the first instance to employ the careful, context-specific analysis required by this court’s excessive force precedent.

Judgment: Vacated and remanded in a per curiam opinion on June 28, 2021. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 17 2020Petition for a writ of certiorari filed. (Response due October 26, 2020)
Oct 26 2020Brief amici curiae of Policing Scholars filed.
Oct 26 2020Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
Oct 26 2020Brief of respondents City of St. Louis, et al. in opposition filed.
Oct 26 2020Brief amici curiae of Restore the Fourth, Inc., et al. filed.
Nov 10 2020DISTRIBUTED for Conference of 12/4/2020.
Nov 12 2020Reply of petitioners Jody Lombardo, et al. filed. (Distributed)
Nov 30 2020Rescheduled.
Dec 07 2020DISTRIBUTED for Conference of 12/11/2020.
Dec 07 2020Rescheduled.
Jan 04 2021DISTRIBUTED for Conference of 1/8/2021.
Jan 04 2021Rescheduled.
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 11 2021Rescheduled.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Jan 19 2021Rescheduled.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021Rescheduled.
Feb 22 2021DISTRIBUTED for Conference of 2/26/2021.
Feb 22 2021Rescheduled.
Mar 01 2021DISTRIBUTED for Conference of 3/5/2021.
Mar 01 2021Rescheduled.
Mar 15 2021DISTRIBUTED for Conference of 3/19/2021.
Mar 15 2021Rescheduled.
Mar 22 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 23 2021Rescheduled.
Mar 29 2021DISTRIBUTED for Conference of 4/1/2021.
Mar 29 2021Rescheduled.
Apr 12 2021DISTRIBUTED for Conference of 4/16/2021.
Apr 12 2021Rescheduled.
Apr 19 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 21 2021Rescheduled.
Apr 26 2021DISTRIBUTED for Conference of 4/30/2021.
Apr 29 2021Supplemental brief of petitioners Jody Lombardo, et al. filed.
May 10 2021DISTRIBUTED for Conference of 5/13/2021.
May 12 2021Record Requested.
May 17 2021DISTRIBUTED for Conference of 5/20/2021.
May 20 2021Record received from the U.S.C.A. 8th Circuit (1 box).
May 24 2021DISTRIBUTED for Conference of 5/27/2021.
Jun 01 2021DISTRIBUTED for Conference of 6/3/2021.
Jun 01 2021Record received from the U.S.D.C. Eastern District of Missouri (1 envelope).
Jun 07 2021DISTRIBUTED for Conference of 6/10/2021.
Jun 14 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 28 2021The Court expresses no view as to whether the officers used unconstitutionally excessive force or, if they did, whether Gilbert's right to be free of such force in these circumstances was clearly established at the time of his death. The Court instead grants the petition for certiorari, vacates the judgment of the United States Court of Appeals for the Eighth Circuit, and remands the case to give the court the opportunity to employ an inquiry that clearly attends to the facts and circumstances in answering those questions in the first instance. Opinion per curiam. (Detached Opinion) Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting. (Detached Opinion)
Jul 12 2021Record returned to the U.S.C.A. 8th Circuit (1 box).
Jul 12 2021Record returned to the U.S.D.C. Eastern District of Missouri (1 envelope).
Jul 30 2021JUDGMENT ISSUED.