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Docket for 20-659

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

Proceedings and Orders

Nov 06 2020

Petition for a writ of certiorari filed. (Response due December 14, 2020)
Petition Appendix Certificate of Word Count Proof 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 Document Proof 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 Document Certificate of Word Count Proof of Service

Jan 04 2021

Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.
Main Document Certificate of Word Count Proof of Service

Feb 03 2021

Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed.
Main Document Certificate of Word Count Proof 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 Document Proof of Service Certificate 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 Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of Home School Legal Defense Association filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of United States filed.
Main Document Proof of Service

Jun 11 2021

Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amici curiae of Current and Former Prosecutors, et al. filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amici curiae of National Police Accountability Project, et al. filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of Law Enforcement Action Partnership filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of APA Watch filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of Boston University Center for Antiracist Research filed.
Main Document Proof of Service Certificate of Word Count

Jun 11 2021

Brief amicus curiae of Constitutional Accountability Center filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amicus curiae of Institute for Justice filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amici curiae of American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service

Jun 11 2021

Brief amici curiae of Federal Courts Scholars filed.
Main Document Certificate of Word Count Proof 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 Document Proof of Service Certificate 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 Document Proof of Service

Aug 23 2021

Brief amicus curiae of The District Attorneys Association of the State of New York filed.
Main Document Certificate of Word Count Proof of Service

Aug 23 2021

Brief amici curiae of City of Chicago, et al. filed.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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.

Attorneys

Attorneys for Petitioners

Amir H. Ali
Counsel of Record

Roderick & Solange MacArthur Justice Center
501 H St. NE
Suite 275
Washington, DC 20002
amir.ali@macarthurjustice.org
Ph: 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
Ph: 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
Ph: 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
Ph: 212-356-0817
Party name: Police Officer Pagiel Clark, Shield #28472, et al.

Other Attorneys

Elizabeth B. Prelogar
Counsel of Record

Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: (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
Ph: (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
Ph: 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
Ph: (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
Ph: (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
Ph: 5182754751
Party name: The District Attorneys Association of the State of New York