Torres v. Madrid
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-292 | 10th Cir. | Oct 14, 2020 | Mar 25, 2021 | 5-3 | Roberts | OT 2020 |
Holding: The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.
Judgment: Vacated and remanded, 5-3, in an opinion by Chief Justice Roberts on March 25, 2021. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Barrett took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- Police who shot fleeing woman committed seizure under Fourth Amendment (James Romoser, March 25, 2021)
- Divided court issues bright-line ruling on Fourth Amendment seizures (Jeffrey Bellin, March 25, 2021)
- Argument analysis: Justices spar over stare decisis, originalism, text and what counts as a Fourth Amendment seizure (Jeffrey Bellin, October 16, 2020)
- Case preview: When is a fleeing suspect seized? (Jeffrey Bellin, October 13, 2020)
- Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
- Court releases October calendar (Amy Howe, July 13, 2020)
- Justices postpone March argument session (Amy Howe, March 16, 2020)
- Justices issue March argument calendar (Amy Howe, January 31, 2020)
- Court fills out spring calendar with new grants (Amy Howe, December 18, 2019)
| Date | Proceedings and Orders |
|---|---|
| 07/08/2019 | Application (19A45) to extend the time to file a petition for a writ of certiorari from July 31, 2019 to August 30, 2019, submitted to Justice Sotomayor. |
| 07/15/2019 | Application (19A45) granted by Justice Sotomayor extending the time to file until August 30, 2019. |
| 08/30/2019 | Petition for a writ of certiorari filed. (Response due October 4, 2019) |
| 10/02/2019 | Brief amici curiae of The American Civil Liberties Union and the ACLU of New Mexico, filed. |
| 10/03/2019 | Brief amicus curiae of Cato Institute filed. |
| 10/03/2019 | Waiver of right of respondent Janice Madrid, et al. to respond filed. |
| 10/04/2019 | Brief amici curiae of Fourth Amendment Scholars filed. |
| 10/04/2019 | Brief amicus curiae of The Rutherford Institute filed. |
| 10/09/2019 | DISTRIBUTED for Conference of 11/1/2019. |
| 10/10/2019 | Response Requested. (Due November 12, 2019) |
| 11/12/2019 | Brief of respondents Janice Madrid, et al. in opposition filed. |
| 11/25/2019 | Reply of petitioner Roxanne Torres filed. |
| 11/26/2019 | DISTRIBUTED for Conference of 12/13/2019. |
| 12/18/2019 | Petition GRANTED. |
| 01/23/2020 | Blanket Consent filed by Petitioner, Roxanne Torres. |
| 01/23/2020 | Blanket Consent filed by Respondents, Janice Madrid, et al. |
| 01/31/2020 | SET FOR ARGUMENT on Monday, March 30, 2020. |
| 01/31/2020 | Joint appendix filed. |
| 01/31/2020 | Brief of petitioner Roxanne Torres filed. |
| 02/06/2020 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 02/07/2020 | Brief amici curiae of The Rutherford Institute and National Association of Criminal Defense Lawyers filed. |
| 02/07/2020 | Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. |
| 02/07/2020 | Brief amici curiae of Fourth Amendment Scholars filed. |
| 02/07/2020 | Brief amicus curiae of the United States filed. |
| 02/07/2020 | Brief amici curiae of The American Association for Justice, the Cato Institute, et al. filed. |
| 02/07/2020 | Brief amicus curiae of Restore the Fourth, Inc. filed. |
| 02/07/2020 | Brief amici curiae of American Civil Liberties Union and the ACLU of New Mexico, et al. filed. |
| 02/19/2020 | CIRCULATED |
| 02/19/2020 | Record requested from the U.S.C.A. 10th Circuit. |
| 02/19/2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/19/2020 | The record of the USCA 10th Circuit is available on PACER. |
| 03/02/2020 | Brief of respondents Janice Madrid, et al. filed. (Distributed) |
| 03/09/2020 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/09/2020 | Brief amici curiae of National Association of Counties, et al. filed. (Distributed) |
| 03/16/2020 | ORAL ARGUMENT POSTPONED. |
| 03/25/2020 | Reply of petitioner Roxanne Torres filed. (Distributed) |
| 04/13/2020 | Argument to be rescheduled for the October Term 2020. |
| 07/13/2020 | SET FOR ARGUMENT on Wednesday, October 14, 2020. |
| 10/14/2020 | Argued. For petitioner: Kelsi B. Corkran, Washington, D. C.; and Rebecca Taibleson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark D. Standridge, Las Cruces, N. M. |
| 03/25/2021 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-292_21p3.pdf'>opinion</a> of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Barrett, J., took no part in the consideration or decision of the case. |
| 04/26/2021 | JUDGMENT ISSUED. |