| No. 20-659 | |
| Title: | Larry Thompson, Petitioner v. Pagiel Clark, et al. |
| Docketed: | November 13, 2020 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (19-580) |
| Decision Date: | February 24, 2020 |
| Rehearing Denied: | June 9, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Nov 06 2020 | Petition for a writ of certiorari filed. (Response due December 14, 2020) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Nov 18 2020 | Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed. |
| Main Document | |
| Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020. |
| Dec 03 2020 | Response Requested. (Due January 4, 2021) |
| Dec 24 2020 | Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Dec 28 2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021. |
| Jan 04 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 04 2021 | Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 03 2021 | Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 08 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| Main Document | |
| Feb 09 2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021. |
| Mar 08 2021 | Petition GRANTED. |
| Mar 11 2021 | The order granting the petition for a writ of certiorari is amended as follows: The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. |
| Mar 24 2021 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Mar 31 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 4, 2021. The time to file respondents' brief on the merits is extended to and including August 16, 2021. |
| May 04 2021 | Blanket Consent filed by Respondent, Police Officer Pagiel Clark, Shield #28472, et al. |
| Blanket Consent | |
| Jun 04 2021 | Joint appendix filed. (Statement of costs filed) |
| Main Document | |
| Jun 04 2021 | Brief of petitioner Larry Thompson filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of Home School Legal Defense Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Jun 11 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amici curiae of Current and Former Prosecutors, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amici curiae of National Police Accountability Project, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of Law Enforcement Action Partnership filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of APA Watch filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of Boston University Center for Antiracist Research filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 11 2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amicus curiae of Institute for Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 11 2021 | Brief amici curiae of Federal Courts Scholars filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Aug 16 2021 | Brief of respondents Police Officer Pagiel Clark, Shield #28472, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 20 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Main DocumentProof of Service | |
| Aug 23 2021 | Brief amicus curiae of The District Attorneys Association of the State of New York filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 23 2021 | Brief amici curiae of City of Chicago, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 01 2021 | Record requested from the U.S.C.A. 2nd Circuit. |
| Sep 01 2021 | The record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| Sep 08 2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 12, 2021. |
| Sep 15 2021 | The record from the U.S.D.C. Eastern District of New York (Brooklyn) has been electronically filed. |
| Sep 15 2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2021 | Sealed record material from the U.S.D.C. Eastern District of New York has been electronically filed. |
| Sep 30 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 30 minutes for respondents. |
| Oct 12 2021 | Argued. For petitioner: Amir H. Ali, Washington, D. C.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John D. Moore, New York, N. Y. |
| Apr 04 2022 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. |
| May 06 2022 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Amir H. Ali Counsel of Record | Roderick & Solange MacArthur Justice Center 501 H St. NE Suite 275 Washington, DC 20002 amir.ali@macarthurjustice.org | 202-869-3434 |
| Party name: Larry Thompson | ||
| Attorneys for Respondents | ||
| Richard Paul Dearing Counsel of Record | New York City Law Department 100 Church Street New York, NY 10007 rdearing@law.nyc.gov | 212-356-2500 |
| Party name: Police Officer Pagiel Clark, Shield #28472, et al. | ||
| John David Moore | New York City Law Department 100 Church Street New York, NY 10007 jomoore@law.nyc.gov | 212 356-0840 |
| Party name: Police Officer Pagiel Clark, Shield #28472, et al. | ||
| Devin Andrew Slack | New York City Law Department 100 Church Street New York, NY 10007 dslack@law.nyc.gov | 212-356-0817 |
| Party name: Police Officer Pagiel Clark, Shield #28472, et al. | ||
| Other | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Steven Edwards Art Counsel of Record | Loevy & Loevy 311 N. Aberdeen St., 3rd Fl. Chicago, IL 60607 steve@loevy.com | 312-243-5900 |
| Party name: National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations | ||
| John J. Bursch Counsel of Record | Alliance Defending Freedom 440 First Street, NW Suite 600 Washington, DC 20001 jbursch@adflegal.org | (616) 450-4235 |
| Party name: Home School Legal Defense Association | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Julian N. Henriques Jr. Counsel of Record | City of Chicago 2 North LaSalle Street Suite 580 Chicago, IL 60602 julian.henriques@cityofchicago.org | 3127446793 |
| Party name: City of Chicago | ||
| Lawrence J. Joseph Counsel of Record | Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW Suite 700-1A Washington, DC 20036 ljoseph@larryjoseph.com | 2023559452 |
| Party name: APA Watch | ||
| Rakesh Nageswar Kilaru Counsel of Record | Wilkinson Stekloff LLP 2001 M Street NW 10th Floor Washington, DC 20036 rkilaru@wilkinsonstekloff.com | 2028474046 |
| Party name: Federal Courts Scholars | ||
| Marisa Christina Maleck Counsel of Record | King & Spalding LLP 1700 Pennsylvania Avenue, NW Washington, DC 20006 mmaleck@kslaw.com | 202-737-0500 |
| Party name: American Civil Liberties Union, Cato Institute, New York Civil Liberties Union, and Rutherford Institute | ||
| Mary B. McCord Counsel of Record | Institute for Constitutional Advocacy and Protection, Georgetown University Law Center 600 New Jersey Ave., N.W. Washington, DC 20001 mbm7@georgetown.edu | 202-661-6607 |
| Party name: Current and Former Prosecutors, Department of Justice Officials, and Judges | ||
| Marie Leora Miller Counsel of Record | Institute for Justice 901 North Glebe Road, Suite 900 Arlington, VA 22203 mmiller@ij.org | (703) 682-9320 |
| Party name: Institute for Justice | ||
| Angela Ifeoma Onwuachi-Willig Counsel of Record | Boston University School of Law 765 Commonwealth Avenue Boston, MA 02215 aow@bu.edu | (617) 353-3112 |
| Party name: Boston University Center for Antiracist Research | ||
| Charles Rothfeld Counsel of Record | Mayer Brown LLP 1999 K Street NW Washington, DC 20006 crothfeld@mayerbrown.com | 202-263-3233 |
| Party name: National Police Accountability Project and Innocence Network | ||
| Matthew D. Slater Counsel of Record | Cleary Gottlieb Steen & Hamilton LLP 2112 Pennsylvania Avenue, NW Suite 1000 Washington, DC 20037 mslater@cgsh.com | (202) 974-1500 |
| Party name: Law Enforcement Action Partnership | ||
| Samuel Spital Counsel of Record | NAACP Legal Defense and Educational Fund, Inc. 40 Rector Street 5th Floor New York, NY 10006 sspital@naacpldf.org | (212) 965-2200 |
| Party name: NAACP Legal Defense and Educational Fund, Inc. | ||
| Vincent Stark Counsel of Record | Albany County District Attorney's Office 6 Lodge Street 4th Floor Albany, NY 12207 vincent.stark@albanycountyny.gov | 5182754751 |
| Party name: The District Attorneys Association of the State of New York | ||