Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

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

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.

Briefs and Documents

Certiorari-stage documents

 
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