This is a link to oral argument before the Ninth Circuit in a Section 1983 case brought by a woman and her child, whose home was raided by federal agents, state police officers, city police officers, and county sheriff deputies, under the guise of a “parolee” check up. The purported parolee was not, in fact, on parole; he was in prison. The officers relied on a list of names and addresses that was three months old. Stale information. The opening brief is here.
I argued against an assistant city attorney, a deputy county counsel, a deputy state attorney general, and an assistant United States Attorney. As the appellant, I opened and after the other side (some four or five attorneys argued, I closed, starting at time mark 49:22). Enjoy listening to the government attorneys all point the fingers at the others’ clients. The it’s not my job two step shuffle; or “passing the buck,” as Judge Brunetti commented.
Ms. Motley and her child ultimately prevailed, with Fletcher and Pregerson ruling in their favor.
practice note: sometimes, it hurts to know your case too well.
practice pointer: write the damn book
practice pointer: did Thomas just undermine the entire line of fourth amendment law? June 20, 2016