San Francisco v. Sheehan: opinion and analysis

Last time I gave my last pre-opinion thoughts on the Texas specialty license plate case, Walker v. Texas Division, Sons of Confederate Veterans, whose oral argument I attended in March. The other case I saw that day, San Francisco v. Sheehan, was recently decided. Today I discuss the opinions in that case.

Ninth Circuit overturned, film at 11

My dismissive suggestion that San Francisco would win because Ninth Circuit and qualified immunity was on target. The Court ruled, 6-2, that the officers should receive qualified immunity — giving the win to San Francisco.

The Americans with Disabilities Act and accommodating the disabled

Recall that Justice Scalia and others alleged that San Francisco had improperly changed its argument from the time it got the Supreme Court to hear the case, to when it presented its formal argument. San Francisco initially argued that the Americans with Disabilities Act categorically didn’t require officers to accommodate armed and violent suspects who are disabled. But then later it argued that the ADA didn’t apply specifically to Sheehan, because she had posed a “direct threat”.

Every justice agreed that San Francisco’s tactics precluded the Court from deciding whether the ADA applied to armed and violent disabled suspects. So that’s still an open question awaiting a case properly presenting it.

Disposing of the rest of the case

But then what happens to the case and its remaining questions, if the ADA question is dismissed? The six-justice majority decided that the officers deserved qualified immunity. Justice Scalia, joined by Justice Kagan, argued that San Francisco shouldn’t be given a win for “snookering” the Court, when the Court wouldn’t have answered the qualified immunity question if presented alone. Instead the Court should have dismissed the entire case, leaving San Francisco to its loss in the Ninth Circuit.


I previously wasn’t entirely certain that San Francisco had changed its argument. But in light of the Court’s unanimous agreement on the matter, and in light of other commentary, it seems clear that it did.

I wasn’t aware the Court could dismiss “half” a case; that seems reasonable for the ADA question. For the remainder of the case, I think I lean toward Scalia’s and Kagan’s view. It’s unfair to parties in cases to allow one side to make an argument, then not be held to that argument come decision time. But I didn’t trace the majority’s cites far enough to conclude that its position was definitely wrong, so count my agreement with Scalia and Kagan as only tentative.

Next time, discussion of the ultimate opinion in Walker v. Texas Division, Sons of Confederate Veterans. The case is still pending, so I can’t yet say when that post might be ready.

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