9th Circuit To Hear Oral Argument in Roadblock Lawsuit

Written by Terry Bressi Date: 11-11-2008 Subject: Homeland Security

For those of you who have been following my five year civil rights lawsuit regarding my encounter at an illegal joint task force roadblock on December 20, 2002, we have finally heard from the 9th Circuit Court of Appeals.

The court has agreed to review the case and has scheduled fifteen minutes of oral argument in front of a three judge panel. The hearing will take place in San Francisco on November 20, 2008.

My last update on this lawsuit was posted well over a year ago. At that time, we had just finished filing our Opening Appellant Brief with the 9th Circuit after Tucson District Court Judge John Roll dismissed the last of our claims.

In response, the defendant TOPD officers and the USA filed separate Appellee Briefs. We filed a Consolidated Reply Brief and have been waiting for word from the 9th Circuit ever since.

Now that a hearing has been granted, we look forward to the opportunity to argue our case before the court. Pertinent documentation related to the appeal can be found below:

* Appellant Terrence Bressi's Opening Brief

* Answering Brief of Appellees Ford, O'Dell, Traviolia and Saunders

* Brief of Appellee United States of America

* Consolidated Reply Brief of Appellant Terrence Bressi

* Brief of Amicus Curiae Tohono O'odham Nation in Support of Defendant Appellees

* November 5, 2008 9th Circuit Court Order

For those unfamiliar with the case, a complete history is available here. More to follow after the November 20th hearing.