Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Alvis v. Espinosa

Petition for certiorari denied on January 17, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-84 9th Cir. N/A N/A N/A N/A OT 2011
 
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Disclosure: Goldstein & Russell, P.C., whose attorneys work for and/or contribute to this blog in various capacities, represents the respondent in this case.

Issue: (1) Whether the Ninth Circuit erred in holding that when an officer makes an unlawful entry, and does so “intentionally or recklessly,” the officer loses authority under the Fourth Amendment to use reasonable force to protect himself or the public during that search; and (2) whether the Ninth Circuit erred in denying qualified immunity for the officers’ use of force based solely on the conclusion that the force may have violated the Fourth Amendment, without performing the second step of the qualified immunity analysis by inquiring whether clearly established law prohibited the force under the circumstances.

Plain English Summary:

Briefs and Documents

Certiorari-stage documents

Term Snapshot
Awards