The Supreme Court hears law enforcement cases

The U.S. Supreme Court issued a brief of orders during Monday’s pre-term conference, adding 15 cases to the docket for the October 2024 term. A much longer list of rejected cases is likely to be published next Monday at the formal opening of the term.

Continuing the Supreme Court’s frustrating lack of interest in criminal law, the list includes only one actual criminal case: Thompson v. United StatesNo. 23-1095. This case raises the question of whether the federal law against false statements to financial institutions and federal agencies extends to misleading half-truths. One aspect of the case that is increasing media exposure is the fact that defendant Patrick Daley Thompson is the grandson of Chicago’s notoriously corrupt Mayor Richard J. Daley and the nephew of future Mayor Richard M. Daley.

There are also several civil cases related to law enforcement, a category receiving increased interest from SCOTUS:

Gutierrez vs. SaenzNo. 23-7809, is a federal civil rights lawsuit involving a capital case in Texas. It presents somewhat complex issues regarding DNA testing, status, and distinctions between innocence claims and conviction claims.

Barnes vs. FelixNo. 23-1239, is a case in which the police used force involving the ‘moment of threat doctrine’. As described by the petitioner (i.e., the plaintiff suing the police officer), this approach “evaluates the reasonableness of an officer’s actions only within the limited time frame in which the officer’s safety was threatened, and not based on events that precede the moment of the threat. .” In the Fifth Circuit, Judge Higginbotham wrote a concurrence with his own majority opinion asking the Supreme Court to resolve the circuits’ division on this issue.

Perttu vs. RichardsNo. 23-1324, raises a jury trial question regarding the Prison Litigation Reform Act’s requirement that an inmate exhaust all administrative remedies before filing a federal civil case.

Smith & Wesson Brands v Estados Unidos MexicanosNo. 23-1141, concerns a lawsuit by Mexico against US arms manufacturers for allegedly supporting the sale of weapons to the Mexican drug cartels.