Simmons v. Himmelreich
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-109 | 6th Cir. | Mar 22, 2016 | Jun 6, 2016 | 8-0 | Sotomayor | OT 2015 |
Holding: The Federal Tort Claims Act's judgment bar provision does not apply to claims dismissed for falling within the FTCA's "exceptions" section.
Judgment: Affirmed and remanded, 8-0, in an opinion by Justice Sotomayor on June 6, 2016.
SCOTUSblog Coverage
- Opinion analysis: Plain language rules the day (and keeps a claim alive) in prisoner-rights suit (Steven Schwinn, June 6, 2016)
- Argument analysis: Court splits on viability of Bivens claim after FTCA dismissal (Steven Schwinn, March 23, 2016)
- Argument preview: When does a court’s dismissal of a prisoner’s Federal Tort Claims Act case foreclose a parallel Bivens claim? (Steven Schwinn, March 15, 2016)
| Date | Proceedings and Orders |
|---|---|
| May 22 2015 | Application (14A1201) to extend the time to file a petition for a writ of certiorari from June 8, 2015 to July 23, 2015, submitted to Justice Kagan. |
| May 22 2015 | Application (14A1201) granted by Justice Kagan extending the time to file until July 23, 2015. |
| Jul 23 2015 | Petition for a writ of certiorari filed. (Response due August 24, 2015) |
| Aug 4 2015 | Order extending time to file response to petition to and including September 23, 2015. |
| Sep 22 2015 | Brief of respondent Walter J. Himmelreich in opposition filed. |
| Sep 22 2015 | Motion for leave to proceed in forma pauperis filed by respondent Walter J. Himmelreich. |
| Oct 7 2015 | DISTRIBUTED for Conference of October 30, 2015. |
| Oct 8 2015 | Reply of petitioners Jermaine Simmons, et al. filed. (Distributed) |
| Nov 2 2015 | DISTRIBUTED for Conference of November 6, 2015. |
| Nov 6 2015 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Nov 6 2015 | Petition GRANTED. |
| Nov 23 2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 28, 2015. |
| Nov 23 2015 | The time to file respondent's brief on the merits is extended to and including February 3, 2016. |
| Dec 28 2015 | Joint appendix filed. (Statement of cost filed.) |
| Dec 28 2015 | Brief of petitioners Jermaine Simmons, et al. filed. |
| Jan 29 2016 | SET FOR ARGUMENT ON Tuesday, March 22, 2016 |
| Feb 3 2016 | Brief of respondent Walter J. Himmelreich filed. |
| Feb 4 2016 | Brief amici curiae of Professors Gregory Sisk and James Pfander filed. |
| Feb 8 2016 | Record requested from U.S.C.A. 6th Circuit. |
| Feb 10 2016 | CIRCULATED. |
| Feb 10 2016 | Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed) |
| Mar 4 2016 | Reply of petitioners Jermaine Simmons, et al. filed. (Distributed) |
| Mar 22 2016 | Argued. For petitioners: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Christian Vergonis, Washington, D. C. |
| Jun 6 2016 | Judgment is affirmed and case remanded. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Jul 8 2016 | JUDGMENT ISSUED |
