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Brief in Support of Petitioner
U.S. Supreme Court
This amicus brief argues that the Fifth Circuit’s “moment of the threat” doctrine ignores the Supreme Court’s instruction that there is no “easy-to-apply legal test in the Fourth Amendment [excessive force] context.” Further, this brief provides critical historical context of the Fourteenth Amendment and 42 U.S.C. § 1983 to demonstrate how far the Fifth Circuit’s approach to excessive force claims has veered from the Congressional purpose of addressing police abuses of force.
Filed with NACDL.
The Supreme Court ruled unanimously to reject the moment of threat doctrine. You can read the opinion here.
We thank Douglas E. Litvack, Emanuel Powell III, and Julius J. Mitchell of Jenner & Block LLP for their pro bono work on this case.
Brief in Support of Certiorari
U.S. Supreme Court
This amicus brief argues that the Fifth Circuit’s “moment of the threat” doctrine ignores the Supreme Court’s instruction that there is no “easy-to-apply legal test in the Fourth Amendment [excessive force] context.” Further, this brief provides critical historical context of the Fourteenth Amendment and 42 U.S.C. § 1983 to demonstrate how far the Fifth Circuit’s approach to excessive force claims has veered from the Congressional purpose of addressing police abuses of force.
Filed with Restore The Fourth.
The Supreme Court granted cert. in this case on October 4, 2024.
We thank Douglas E. Litvack, Emanuel Powell III, and Julius J. Mitchell of Jenner & Block LLP for their pro bono work on this case.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed May 14, 2020
TOPICS: qualified immunity; clearly established test
This brief adds to the significant number of petitions in recent years asking the Supreme Court to consider the issue of qualified immunity and clarify application of the “clearly established law” test. This case presents the case of Trent Taylor who was incarcerated in a cell under inhumane conditions and supervised by correctional officers who refused his use of a bathroom and medical treatment after complaining of significant pain. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Foundation, Americans for Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The NAACP Legal Defense & Educational Fund, Inc., Physicians for Human Rights, Public Justice, R Street Institute, and Second Amendment Foundation.
OUTCOME: The Court agreed with us that any reasonable correctional officer should have realized that Trent Taylor’s conditions of confinement offended the 8th Amendment, therefore the U.S. Court of Appeals for the 5th Circuit erred in granting the officers qualified immunity. Petition granted, judgment vacated, and the case is remanded for further proceedings consistent with the Court’s Nov. 2, 2020 opinion.
Brief in Support of Petitioner
U.S. Supreme Court
The question in this case is if a “seizure” has occurred, in violation of the Fourth Amendment, when police attempt to stop a suspect by force but do not immediately succeed in doing so. The amicus brief argues that there are good public policy reasons for determining that such action is a “seizure” including accountability for police and improving public trust in law enforcement and their actions.
Fled with the American Association For Justice, Cato Institute, Law Enforcement Action Partnership, Reason Foundation, and R Street Institute.
The United States Supreme Court ruled 5-3 that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. You can read the opinion here.
We thank Anton Metlitsky, Dimitri Portnoi, Daniel Tully, and Noah Ickowitz of O’Melveny & Myers LLP for their pro bono work on this issue.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Feb. 20, 2020
TOPIC: qualified immunity
This brief addresses the issue of qualified immunity for a particularly egregious case, in which police had consent–and a key–to enter a home but instead shot tear gas into the home for hours. The brief was critical of the qualified immunity doctrine because of its unreasonably difficult hurdles to get justice for those who are wronged by law enforcement. Further, the brief argues that the doctrine erodes trust in law enforcement because of a lack of accountability. Filed with DKT Liberty Project, Reason Foundation, and The Rutherford Institute.
OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Dec. 20, 2019
TOPICS: qualified immunity; clearly established test
This cross-ideological brief addresses the doctrine of qualified immunity and attacks the “clearly established law” test that undergirds most instances whereby law enforcement personnel are not held responsible for wrongful conduct. The brief also discusses the importance of public trust in the institution of law enforcement and how the doctrine of qualified immunity undermines that trust. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans For Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal Defense & Educational Fund, Inc., Public Justice, R Street Institute, and Second Amendment Foundation.
OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Dec. 20, 2019
TOPICS: qualified immunity; clearly established test
This brief addresses the doctrine of qualified immunity and attacks the “clearly established law” test that undergirds most instances whereby law enforcement personnel are not held responsible for wrongful conduct. The brief also discusses the importance of public trust in the institution of law enforcement and how the doctrine of qualified immunity undermines that trust. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans For Prosperity Foundation, Cato Institute, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal Defense & Educational Fund, Inc., Public Justice, R Street Institute, and Second Amendment Foundation.
OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed May 2019
TOPIC: qualified immunity
This brief explores the problems with the doctrine of qualified immunity for law enforcement officials because it excuses unconstitutional conduct, imposes a heavy burden on civil rights litigants, and erodes public trust. Filed with American Association for Justice, Americans For Prosperity, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal Defense & Educational Fund, Inc., NACDL, Public Justice, R Street Institute, and Reason Foundation.
OUTCOME: Unfortunately, the petition for certiorari was denied June 15, 2020.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Apr. 2019
TOPIC: qualified immunity
This case involved a warrantless strip search of a minor child. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans for Prosperity, Institute for Justice, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, The NAACP Legal Defense & Educational Fund, Inc., NACDL, Public Justice, R Street Institute, Reason Foundation, and Second Amendment Foundation.
OUTCOME: Unfortunately, the petition for certiorari was denied on May 20, 2019.
Amicus Brief in Support of Petitioner
Supreme Court of Texas
Filed Oct. 15, 2018
TOPIC: failure to disclose; prosecutorial misconduct
A former district attorney filed suit against Nueces County for wrongful termination after he was fired for disclosing exculpatory information to the defense against the instructions of his supervisor. Filed with American Civil Liberties Union, Cato Institute, Law Enforcement Action Partnership, and Texas criminal law scholars.
OUTCOME: Unfortunately, the Texas Supreme Court ruled against Hillman on the grounds that government immunity barred the lawsuit. Read the opinion here.
Amicus Brief in Support of Certiorari
Second Circuit Court of Appeals
Filed July 2018
TOPIC: qualified immunity
Due Process Institute joined a large array of cross-ideological organizations as co-signers for this amicus brief raising concerns with the doctrine of qualified immunity. Filed with Alliance Defending Freedom, American Association for Justice, American Civil Liberties Union Foundation, Americans for Prosperity, Cause of Action Institute, Freedom Partners Chamber of Commerce, Institute for Justice, Law Enforcement Action Partnership, The Roderick & Solange MacArthur Justice Center, NACDL, National Police Accountability Project, Public Justice, Reason Foundation, and Second Amendment Foundation.
OUTCOME: The petitioner voluntarily dismissed his petition for certiorari following a settlement with the government.