Drendolyn Sims v. Mike Stanton
Before the court is the question whether a police officer's pursuit of a person suspected of a jailable misdemeanor onto another person's private property is clearly established as a constitutional violation, in which case the officer is not entitled to qualified immunity. The Ninth Circuit panel held that the officer in this case is not entitled to qualified immunity because warrantless entry into private property in pursuit of a person suspected of only a misdemeanor violates clearly established constitutional law.
| DRENDOLYN SIMS |
| MIKE STANTON |
| 11-55401 |
| March 10, 2011 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Sims v. Stanton
|
|
DRENDOLYN SIMS V. MIKE STANTON
|
|
DRENDOLYN SIMS V. MIKE STANTON
|
Docket Report
RSS Track this Docket
This docket was last retrieved on January 9, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 Received notice from the Supreme Court: petition for certiorari filed on 04/05/2013. Supreme Court Number 12-1217. [8616023] (RR) |
| Filing 36 MANDATE ISSUED.(SR, BGS and KMW) [8488977] (SW) |
| Filing 35 Filed order and amended opinion (STEPHEN R. REINHARDT, BARRY G. SILVERMAN and KIM MCLANE WARDLAW). Amending Disposition Opinion REVERSED AND REMANDED;The opinion filed on December 3, 2012 is hereby amended as follows: (SEE ORDER FOR FULL TEXT) With these amendments, Judges Reinhardt, Silverman, and Wardlaw vote to deny the petition for rehearing and the suggestion for rehearing en banc. The full court was advised of the suggestion for rehearing en banc. No judge requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and petition for rehearing en banc are DENIED. No future petitions for rehearing or petitions for rehearing en banc will be entertained. [8475509] (RP) |
| Filing 34 Filed (ECF) Appellee Mike Stanton petition for panel rehearing and petition for rehearing en banc (from 12/03/2012 opinion). Date of service: 12/17/2012. [8443140] (TTC) |
| Filing 33 Added attorney Lillie Hsu for Mike Stanton, in case 11-55401. [8441911] (RR) |
| Filing 32 Added attorney Timothy T, Coates for Mike Stanton, in case 11-55401. [8441906] (RR) |
| Filing 31 Filed (ECF) notice of appearance of Lillie Hsu for Appellee Mike Stanton. Date of service: 12/17/2012. [8441813] (LH) |
| Filing 30 Filed (ECF) notice of appearance of Timothy T. Coates for Appellee Mike Stanton. Date of service: 11/17/2012. [8441785] (TTC) |
Filing 29
FILED OPINION (STEPHEN R. REINHARDT, BARRY G. SILVERMAN and KIM MCLANE WARDLAW) REVERSED AND REMANDED. Judge: SR Authoring, FILED AND ENTERED JUDGMENT. [8422288] (RP)
|
| Filing 28 ARGUED AND SUBMITTED TO STEPHEN R. REINHARDT, BARRY G. SILVERMAN and KIM MCLANE WARDLAW. [8279587] (LN) |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Peter James Ferguson for Appellee Mike Stanton. [8209740] [11-55401] (PJF) |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. L. Marcel Stewart for Appellant Drendolyn Sims. [8205143] (LMS) |
| Filing 25 Notice of Oral Argument on AUGUST Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8197831] (LN) |
| Filing 23 Received 7 paper copies of Reply brief [21] filed by Drendolyn Sims. [7945562] (SD) |
| Filing 22 Filed clerk order: The reply brief [21] submitted by Drendolyn Sims is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7934657] (WP) |
| Filing 21 Submitted (ECF) Reply brief for review. Submitted by Appellant Drendolyn Sims. Date of service: 10/17/2011. [7931199] (LMS) |
| Filing 20 Received 7 paper copies of Answering brief [17] filed by Mike Stanton. [7923960] (SD) |
| Filing 19 Filed Appellee Mike Stanton excerpts of record in 1 volume. Served on 09/30/2011. [7920250] (WP) |
| Filing 18 Filed clerk order: The answering brief [17] submitted by Mike Stanton is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7915127] (WP) |
| Filing 17 Submitted (ECF) Answering brief for review. Submitted by Appellee Mike Stanton. Date of service: 09/30/2011. [7912131]--[COURT UPDATE: Attached corrected brief. Resent NDA. 10/04/2011 by GD] (PJF) |
| Filing 16 Filed (ECF) Appellee Mike Stanton Correspondence:. Date of service: 09/09/2011 [7887117] (PJF) |
| Filing 15 14 day oral extension by phone of time to file Appellee Mike Stanton brief. Appellee Mike Stanton answering brief due 09/30/2011. The optional reply brief is due 14 days after service of the appellee brief. [7886564] (LN) |
| Filing 14 Received 7 paper copies of Opening brief [11] filed by Drendolyn Sims. [7866899] (SD) |
| Filing 13 Filed Appellant Drendolyn Sims excerpts of record in 1 volume. Served on 08/17/2011. [7865388] (WP) |
| Filing 12 Filed clerk order: The opening brief [11] submitted by Drendolyn Sims is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7862305] (WP) |
| Filing 11 Submitted (ECF) Opening brief for review. Submitted by Appellant Drendolyn Sims. Date of service: 08/17/2011. [7861681] (LMS) |
| Filing 10 Filed (ECF) Appellant Drendolyn Sims Correspondence: Grant of oral continuance. Date of service: 08/15/2011 [7858596] (LMS) |
| Filing 9 14 day oral extension by phone of time to file brief. Appellant Drendolyn Sims opening brief due 08/17/2011. Appellee Mike Stanton answering brief due 09/16/2011. The optional reply brief is due 14 days after service of the appellee brief. [7843007] (LN) |
| Filing 8 Filed order MEDIATION (CLR): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk’s office. [7777430] (BJB) |
| Filing 7 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on June 7, 2011, at 2:00 p.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email (virna_sanchez@ca9.uscourts.gov) or telefax letter (415/355-8566) at least 72 hours in advance of the scheduled call of any of the following: (1) any attorneys on the list of counsel who will not be participating in the conference; (2) the direct dial phone number of any participant if it is not listed; and (3) any other corrections to the list. Please notify the Circuit Mediator immediately by email or telefax letter if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All discussions that take place in the context of the assessment conference are strictly confidential. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. The briefing schedule previously set by the court is reset as follows: appellant shall file an opening brief on or before August 3, 2011; appellee shall file an answering brief on or before September 2, 2011; appellant may file an optional reply brief within fourteen (14) days from the service date of the answering brief. [7753453] (BJB) |
| Filing 6 Fee status changed ( [Case Number 11-55401: ifp] ). [7748454] (BJB) |
| Filing 5 Filed order (Appellate Commissioner) The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. The previously established briefing schedule remains in effect. (MOATT) [7748421] (BJB) |
| Filing 4 Filed (ECF) Appellant Drendolyn Sims Mediation Questionnaire. Date of service: 04/07/2011. [7711286] (LMS) |
| Filing 3 Filed order MEDIATION (EPM): The Court of Appeals’ records do not indicate that appellant has filed a Mediation Questionnaire in accordance with Circuit Rule 3-4. Within seven (7) days of the filing of this order, appellant shall: (a) file a Mediation Questionnaire (available on the court's website, www.ca9.uscourts.gov); (b) dismiss the appeal voluntarily pursuant to Fed. R. App. P. 42(b); or (c) show cause in writing why this appeal should not be dismissed pursuant to Ninth Cir. R. 42-1. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [7708573] (BJB) |
| Filing 2 Filed Appellant Drendolyn Sims motion to proceed In Forma Pauperis. Served on 03/10/2011. [7676679] (WF) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/17/2011. Transcript ordered by 04/11/2011. Transcript due 05/09/2011. Appellant Drendolyn Sims opening brief due 06/20/2011. Appellee Mike Stanton answering brief due 07/18/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7676672] (MOTION TO PROCEED IN IFP FILED WITH THE NOTICE OF APPEAL.) (WF) |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Drendolyn Sims v. Mike Stanton | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff - appellant,: DRENDOLYN SIMS | |
| Represented By: | L. Marcel Stewart |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant - appellee,: MIKE STANTON | |
| Represented By: | Peter James Ferguson |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
