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.