County of Los Angeles v. Mendez
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-369 | Mar 22, 2017 | Apr 23, 2025 | 8-0 | Alito | OT 2016 |
Holding: The Fourth Amendment provides no basis for the U.S. Court of Appeals for the 9th Circuit's "provocation rule," which makes an officer's otherwise reasonable use of force unreasonable if (1) the officer "intentionally or recklessly provokes a violent confrontation" and (2) "the provocation is an independent Fourth Amendment violation."
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Alito on April 23, 2025. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Finding Fourth Amendment unanimity while allowing Fourth Amendment justice (Rory Little, June 1, 2017)
- Argument analysis: An unsatisfying argument regarding Fourth Amendment qualified immunity and proximate cause (Rory Little, March 23, 2017)
- Argument preview: Mixing concepts of causation, provocation and qualified immunity in the Fourth Amendment context (Rory Little, March 15, 2017)
- Court adds new cases to merits docket (Amy Howe, December 2, 2016)
| Date | Proceedings and Orders |
|---|---|
| 09/16/2016 | Petition for a writ of certiorari filed. (Response due October 24, 2016) |
| 10/24/2016 | Brief of respondents Angel Mendez, et al. in opposition filed. |
| 11/03/2016 | Reply of petitioners Los Angeles County, California, et al. filed. (Distributed) |
| 11/07/2016 | DISTRIBUTED for Conference of November 22, 2016. |
| 11/28/2016 | DISTRIBUTED for Conference of December 2, 2016. |
| 12/02/2016 | Petition GRANTED limited to Questions 1 and 3 presented by the petition. |
| 01/13/2017 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners. |
| 01/17/2017 | Joint appendix filed. (Statement of costs filed.) |
| 01/17/2017 | Brief of petitioners Los Angeles County, California, et al. filed. |
| 01/23/2017 | Brief amicus curiae of Los Angeles County Police Chiefs' Association filed. |
| 01/24/2017 | Brief amici curiae of National Association of Counties, et al. filed. |
| 01/24/2017 | Brief amicus curiae of United States filed. |
| 01/24/2017 | Brief amicus curiae of Major County Sheriffs' Association filed. |
| 01/24/2017 | Brief amici curiae of California State Sheriffs' Association, et al. filed. |
| 01/25/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/03/2017 | SET FOR ARGUMENT on Wednesday, March 22, 2017 |
| 02/03/2017 | Record requested from the U.S.C.A. 9th Circuit. |
| 02/06/2017 | Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER. |
| 02/16/2017 | Brief of respondents Angel Mendez, and Jennifer Lynn Garcia filed. |
| 02/22/2017 | CIRCULATED. |
| 02/22/2017 | Brief amicus curiae of The Georgetown University Law Center Chapter of the Black Law Students Association filed. (Distributed) |
| 02/23/2017 | Brief amicus curiae of The Rutherford Institute filed. (Distributed) |
| 02/23/2017 | Brief amici curiae of National Association for the Advancement of Colored People, et al. filed. (Distributed) |
| 02/23/2017 | Brief amicus curiae of National Police Accountability Project filed. (Distributed) |
| 02/23/2017 | Brief amici curiae The American Civil Liberties Union and the ACLU of Southern California filed. (Distributed) |
| 03/06/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/10/2017 | Reply of petitioners County of Los Angeles, California, et al. filed. (Distributed) |
| 03/22/2017 | Argued. For petitioners: E. Joshua Rosenkranz, New York, N. Y.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Leonard Feldman, Seattle, Wash. |
| 05/30/2017 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of this case. |
| 07/03/2017 | JUDGMENT ISSUED. |