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Lombardo v. City of St. Louis, Missouri

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)
09/17/2020Petition for a writ of certiorari filed. (Response due October 26, 2020)
10/26/2020Brief amici curiae of Policing Scholars filed.
10/26/2020Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
10/26/2020Brief of respondents City of St. Louis, et al. in opposition filed.
10/26/2020Brief amici curiae of Restore the Fourth, Inc., et al. filed.
11/10/2020DISTRIBUTED for Conference of 12/4/2020.
11/12/2020Reply of petitioners Jody Lombardo, et al. filed. (Distributed)
11/30/2020Rescheduled.
12/07/2020DISTRIBUTED for Conference of 12/11/2020.
12/07/2020Rescheduled.
01/04/2021DISTRIBUTED for Conference of 1/8/2021.
01/04/2021Rescheduled.
01/11/2021DISTRIBUTED for Conference of 1/15/2021.
01/11/2021Rescheduled.
01/19/2021DISTRIBUTED for Conference of 1/22/2021.
01/19/2021Rescheduled.
02/12/2021DISTRIBUTED for Conference of 2/19/2021.
02/16/2021Rescheduled.
02/22/2021DISTRIBUTED for Conference of 2/26/2021.
02/22/2021Rescheduled.
03/01/2021DISTRIBUTED for Conference of 3/5/2021.
03/01/2021Rescheduled.
03/15/2021DISTRIBUTED for Conference of 3/19/2021.
03/15/2021Rescheduled.
03/22/2021DISTRIBUTED for Conference of 3/26/2021.
03/23/2021Rescheduled.
03/29/2021DISTRIBUTED for Conference of 4/1/2021.
03/29/2021Rescheduled.
04/12/2021DISTRIBUTED for Conference of 4/16/2021.
04/12/2021Rescheduled.
04/19/2021DISTRIBUTED for Conference of 4/23/2021.
04/21/2021Rescheduled.
04/26/2021DISTRIBUTED for Conference of 4/30/2021.
04/29/2021Supplemental brief of petitioners Jody Lombardo, et al. filed.
05/10/2021DISTRIBUTED for Conference of 5/13/2021.
05/12/2021Record Requested.
05/17/2021DISTRIBUTED for Conference of 5/20/2021.
05/20/2021Record received from the U.S.C.A. 8th Circuit (1 box).
05/24/2021DISTRIBUTED for Conference of 5/27/2021.
06/01/2021DISTRIBUTED for Conference of 6/3/2021.
06/01/2021Record received from the U.S.D.C. Eastern District of Missouri (1 envelope).
06/07/2021DISTRIBUTED for Conference of 6/10/2021.
06/14/2021DISTRIBUTED for Conference of 6/17/2021.
06/21/2021DISTRIBUTED for Conference of 6/24/2021.
06/28/2021The 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)
07/12/2021Record returned to the U.S.C.A. 8th Circuit (1 box).
07/12/2021Record returned to the U.S.D.C. Eastern District of Missouri (1 envelope).
07/30/2021JUDGMENT ISSUED.