Baxter v. Bracey
Petition for certiorari denied on June 15, 2020
Issue: (1) Whether binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground "clearly establish[es]" that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up; and (2) whether the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. " 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, should be narrowed or abolished.
SCOTUSblog Coverage
- Court grants two new cases (Amy Howe, June 15, 2020)
- Sequel Watch (John Elwood, June 10, 2020)
- Relist Watch (John Elwood, June 3, 2020)
- Relist Watch: Looking for the living among the dead (John Elwood, May 27, 2020)
| Date | Proceedings and Orders |
|---|---|
| 01/17/2019 | Application (18A756) to extend the time to file a petition for a writ of certiorari from February 6, 2019 to April 7, 2019, submitted to Justice Sotomayor. |
| 01/28/2019 | Application (18A756) granted by Justice Sotomayor extending the time to file until April 8, 2019. |
| 04/08/2019 | Petition for a writ of certiorari filed. (Response due May 10, 2019) |
| 04/17/2019 | Waiver of right of respondents Brad Bracey, et al. to respond filed. |
| 04/23/2019 | DISTRIBUTED for Conference of 5/9/2019. |
| 05/01/2019 | Response Requested. (Due May 31, 2019) |
| 05/23/2019 | Motion to extend the time to file a response from May 31, 2019 to July 1, 2019, submitted to The Clerk. |
| 05/30/2019 | Brief amicus curiae of Cato Institute filed. |
| 05/31/2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019. |
| 05/31/2019 | Brief amici curiae of Legal Scholars filed. |
| 05/31/2019 | Brief amici curiae of Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public's Trust in Law Enforcement, and Promoting the Rule of Law filed. |
| 06/25/2019 | Brief of respondents Brad Bracey, et al. in opposition filed. |
| 07/09/2019 | Reply of petitioner Alexander L. Baxter filed. (Distributed) |
| 07/10/2019 | DISTRIBUTED for Conference of 10/1/2019. |
| 09/23/2019 | Rescheduled. |
| 10/07/2019 | DISTRIBUTED for Conference of 10/11/2019. |
| 10/08/2019 | Rescheduled. |
| 10/15/2019 | DISTRIBUTED for Conference of 10/18/2019. |
| 10/15/2019 | Rescheduled. |
| 11/26/2019 | DISTRIBUTED for Conference of 12/13/2019. |
| 12/11/2019 | Rescheduled. |
| 01/06/2020 | DISTRIBUTED for Conference of 1/10/2020. |
| 01/08/2020 | Rescheduled. |
| 04/28/2020 | DISTRIBUTED for Conference of 5/15/2020. |
| 05/13/2020 | Rescheduled. |
| 05/18/2020 | DISTRIBUTED for Conference of 5/21/2020. |
| 05/22/2020 | DISTRIBUTED for Conference of 5/28/2020. |
| 06/01/2020 | DISTRIBUTED for Conference of 6/4/2020. |
| 06/08/2020 | DISTRIBUTED for Conference of 6/11/2020. |
| 06/15/2020 | Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion) |