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.
SCOTUSblog Coverage
- Unanimous court issues limited ruling on judgment bar in Federal Tort Claims Act (Daniel Harawa, February 26, 2021)
- Court rules against student who sued federal officers for constitutional violations (James Romoser, February 25, 2021)
- Argument analysis: Two paths forward in lawsuit alleging unconstitutional police violence (Daniel Harawa, November 10, 2020)
- Case preview: When does a statutory judgment bar prevent lawsuits against federal officers for constitutional violations? (Daniel Harawa, November 6, 2020)
- Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
- Justices grant one new petition (Amy Howe, March 30, 2020)
- Relist Watch: 100 years of solitude (John Elwood, March 25, 2020)
- Petitions of the week (Andrew Hamm, November 22, 2019)
Date | Proceedings and Orders |
---|---|
08/16/2019 | Application (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. |
08/18/2019 | Application (19A184) granted by Justice Sotomayor extending the time to file until September 25, 2019. |
09/13/2019 | Application (19A184) to extend further the time from September 25, 2019 to October 25, 2019, submitted to Justice Sotomayor. |
09/16/2019 | Application (19A184) granted by Justice Sotomayor extending the time to file until October 25, 2019. |
10/25/2019 | Petition for a writ of certiorari filed. (Response due November 27, 2019) |
11/06/2019 | Motion to extend the time to file a response from November 27, 2019 to January 22, 2020, submitted to The Clerk. |
11/08/2019 | Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020. |
01/21/2020 | Brief of respondent James King in opposition filed. |
02/05/2020 | Reply of petitioners Douglas Brownback, et al. filed. |
02/26/2020 | DISTRIBUTED for Conference of 3/20/2020. |
03/23/2020 | DISTRIBUTED for Conference of 3/27/2020. |
03/30/2020 | Petition GRANTED. |
04/09/2020 | Motion for an extension of time to file the briefs on the merits filed. |
04/21/2020 | Motion 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. |
06/19/2020 | Joint appendix filed. |
06/19/2020 | Brief of petitioners Douglas Brownback, et al. filed. |
08/19/2020 | SET FOR ARGUMENT on Monday, November 9, 2020. |
08/24/2020 | Brief of respondent James King filed. |
08/28/2020 | Brief amicus curiae of Public Citizen filed. |
08/31/2020 | Record requested from the U.S.C.A. 6th Circuit. |
08/31/2020 | Amicus brief of Members of Congress not accepted for filing. (Corrected PDF to be submitted - August 31, 2020) |
08/31/2020 | Brief amici curiae of The American Civil Liberties Union et al filed. |
08/31/2020 | Brief amici curiae of Members of Congress filed. |
08/31/2020 | Brief amici curiae of Cato Institute and National Police Accountability Project filed. |
08/31/2020 | Brief amicus curiae of Law Enforcement Action Partnership filed. |
08/31/2020 | Amicus brief of Professors James Pfander, Gregory Sisk & Zachary Clopton not accepted for filing. (September 10, 2020 - corrected brief to be submitted). |
08/31/2020 | Brief amici curiae of Professors James Pfander, Gregory Sisk & Zachary Clopton filed. (9/11/2020) (Distributed) |
09/01/2020 | The record received from the U.S.C.A. 6th Circuit is electronically filed. |
09/02/2020 | CIRCULATED |
09/23/2020 | Reply of petitioners Douglas Brownback, et al. filed. (Distributed) |
11/09/2020 | Argued. For petitioners: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Patrick M. Jaicomo, Arlington, Va. |
02/25/2021 | Judgment 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. |
03/29/2021 | JUDGMENT ISSUED. |