Nieves v. Bartlett
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1174 | Nov 26, 2018 | May 28, 2019 | 6-3 | Roberts | OT 2018 |
Holding: Because police officers had probable cause to arrest Russell Bartlett, his First Amendment retaliatory arrest claim fails as a matter of law.
Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on May 28, 2019. Justice Thomas, who joined the opinion of the Supreme Court except as to Part II"D, filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch filed an opinion concurring in part and dissenting in part. Justice Ginsburg filed an opinion concurring in the judgment in part and dissenting in part. Justice Sotomayor filed a dissenting opinion.
SCOTUSblog Coverage
- Justices grant four new cases, including Chevron companion case (Amy Howe, October 13, 2023)
- Opinion analysis: The First Amendment, probable cause and questions left unanswered (Howard M. Wasserman, May 29, 2019)
- A "view" from the courtroom: Running hot and cold (Mark Walsh, May 28, 2019)
- Argument analysis: Contempt of cop -- Justices search for compromise standard for First Amendment retaliatory arrests (Howard M. Wasserman, November 27, 2018)
- Argument preview: Probable cause, retaliatory arrests, and the First Amendment (Howard M. Wasserman, November 19, 2018)
- OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
| Date | Proceedings and Orders |
|---|---|
| 02/16/2018 | Petition for a writ of certiorari filed. (Response due March 26, 2018) |
| 04/11/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 04/12/2018 | Response Requested. (Due May 14, 2018) |
| 05/14/2018 | Brief of respondent Russell P. Bartlett in support filed. |
| 05/29/2018 | DISTRIBUTED for Conference of 6/14/2018. |
| 06/18/2018 | DISTRIBUTED for Conference of 6/21/2018. |
| 06/27/2018 | DISTRIBUTED for Conference of 6/27/2018. |
| 06/28/2018 | Petition GRANTED. |
| 07/25/2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| 08/08/2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 2, 2018. |
| 08/09/2018 | Blanket Consent filed by Petitioners, Luis A. Nieves, et al.. |
| 08/20/2018 | Brief of petitioners Luis A. Nieves, et al. filed. |
| 08/20/2018 | Joint appendix filed (1 volume). (Statement of costs filed) |
| 08/20/2018 | Motion to file volume II of the joint appendix under seal filed by respondent Russell P. Bartlett. |
| 08/20/2018 | Joint appendix (volume II under sealed) filed . (Distributed) |
| 08/24/2018 | Blanket Consent filed by Respondent, Russell P. Bartlett |
| 08/27/2018 | Brief amicus curiae of United States of America filed. |
| 08/27/2018 | Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, National Sheriffs" Association filed. |
| 08/27/2018 | Brief amici curiae of The District of Columbia, et al. filed. |
| 09/19/2018 | DISTRIBUTED for Conference of 10/5/2018. |
| 10/02/2018 | Brief of respondent Russell P. Bartlett filed. |
| 10/02/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/09/2018 | SET FOR ARGUMENT ON Monday, November 26, 2018 |
| 10/09/2018 | Motion to file volume II of the joint appendix under seal GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion. |
| 10/09/2018 | Brief amici curiae of Three Individual Activists filed. |
| 10/09/2018 | Brief amici curiae of The First Amendment Foundation and Fane Lozman filed. |
| 10/09/2018 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 10/09/2018 | Brief amicus curiae of Institute for Justice filed. |
| 10/09/2018 | Brief amici curiae of National Police Accountability Project, et al. filed. |
| 10/09/2018 | Brief amicus curiae of Institute for Free Speech filed. |
| 10/09/2018 | Brief amici curiae of National Press Photographers Association, et al. filed. |
| 10/09/2018 | Brief amicus curiae of The Rutherford Institute filed. |
| 10/15/2018 | Record requested from U.S.C.D. 9th Circuit. |
| 10/18/2018 | Record received from the U.S.C.A. 9th Circuit (1 envelope of restricted material). The public record is electronic and located on PACER. |
| 10/19/2018 | CIRCULATED |
| 10/26/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/01/2018 | Reply of petitioners Luis A. Nieves, et al. filed. (Distributed) |
| 11/26/2018 | Argued. For petitioners: Dario Borghesan, Assistant Attorney General, Anchorage, Alaska; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Zane D. Wilson, Fairbanks, Alaska. |
| 04/26/2019 | Record received from the U.S.D.C. District of Alaska (Anchorage) is electronic. One part of the record is Sealed |
| 05/28/2019 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/18pdf/17-1174_m5o1.pdf'>opinion</a> of the Court, in which Breyer, Alito, Kagan, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to Part II-D. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in part and dissenting in part. Ginsburg, J., filed an opinion concurring in the judgment in part and dissenting in part. Sotomayor, J., filed a dissenting opinion. |
| 07/01/2019 | JUDGMENT ISSUED. |