by Andrew J. Petersen
I have reviewed several of Judge Gorsuch’s opinions from the 10th Circuit Court of Appeals involving claims against public officials and governmental entities. The Supreme Court’s docket always includes several §1983 cases. Cases this term include: District of Columbia v. Wesby (Fourth Amendment claims against officers for citing partygoers for trespass); Manuel v. City of Joliet (Fourth Amendment claim and relationship to malicious prosecution); and County of Los Angeles v. Mendez (so-called Ninth Circuit provocation rule and Fourth Amendment). It is unlikely that Judge Gorsuch will be confirmed in time to participate in these cases. Manuel v. City of Joliet was argued back in October. County of Los Angeles v. Mendez will be argued March 22nd. I believe the standard practice is for a new justice not to participate in previously argued cases. Cases are argued through April.
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