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Brownback v. King

Docket No. Op. Below Argument Opinion Vote Author Term
19-546 6th Cir. Nov 9, 2020 Feb 25, 2021 9-0 Thomas OT 2020

Holding: The district court's dismissal of King's claims under the Federal Tort Claims Act triggered the "judgment bar" in 28 U.S.C. " 2676 that precludes him from raising separate claims under Bivens v. Six Unknown Federal Narcotics Agents on appeal.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on February 25, 2021. Justice Sotomayor filed a concurring opinion.

DateProceedings and Orders (key to color coding)
08/16/2019Application (19A184) to extend the time to file a petition for a writ of certiorari from August 26, 2019 to September 25, 2019, submitted to Justice Sotomayor.
08/18/2019Application (19A184) granted by Justice Sotomayor extending the time to file until September 25, 2019.
09/13/2019Application (19A184) to extend further the time from September 25, 2019 to October 25, 2019, submitted to Justice Sotomayor.
09/16/2019Application (19A184) granted by Justice Sotomayor extending the time to file until October 25, 2019.
10/25/2019Petition for a writ of certiorari filed. (Response due November 27, 2019)
11/06/2019Motion to extend the time to file a response from November 27, 2019 to January 22, 2020, submitted to The Clerk.
11/08/2019Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020.
01/21/2020Brief of respondent James King in opposition filed.
02/05/2020Reply of petitioners Douglas Brownback, et al. filed.
02/26/2020DISTRIBUTED for Conference of 3/20/2020.
03/23/2020DISTRIBUTED for Conference of 3/27/2020.
03/30/2020Petition GRANTED.
04/09/2020Motion for an extension of time to file the briefs on the merits filed.
04/21/2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 19, 2020. The time to file respondent's brief on the merits is extended to and including August 24, 2020.
06/19/2020Joint appendix filed.
06/19/2020Brief of petitioners Douglas Brownback, et al. filed.
08/19/2020SET FOR ARGUMENT on Monday, November 9, 2020.
08/24/2020Brief of respondent James King filed.
08/28/2020Brief amicus curiae of Public Citizen filed.
08/31/2020Record requested from the U.S.C.A. 6th Circuit.
08/31/2020Amicus brief of Members of Congress not accepted for filing. (Corrected PDF to be submitted - August 31, 2020)
08/31/2020Brief amici curiae of The American Civil Liberties Union et al filed.
08/31/2020Brief amici curiae of Members of Congress filed.
08/31/2020Brief amici curiae of Cato Institute and National Police Accountability Project filed.
08/31/2020Brief amicus curiae of Law Enforcement Action Partnership filed.
08/31/2020Amicus brief of Professors James Pfander, Gregory Sisk & Zachary Clopton not accepted for filing. (September 10, 2020 - corrected brief to be submitted).
08/31/2020Brief amici curiae of Professors James Pfander, Gregory Sisk & Zachary Clopton filed. (9/11/2020) (Distributed)
09/01/2020The record received from the U.S.C.A. 6th Circuit is electronically filed.
09/02/2020CIRCULATED
09/23/2020Reply of petitioners Douglas Brownback, et al. filed. (Distributed)
11/09/2020Argued. For petitioners: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Patrick M. Jaicomo, Arlington, Va.
02/25/2021Judgment REVERSED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-546_7mip.pdf'>opinion</a> for a unanimous Court. Sotomayor, J., filed a concurring opinion.
03/29/2021JUDGMENT ISSUED.