Hamner v. Burls
Petition for certiorari denied on October 13, 2020
Issues: (1) Whether qualified immunity is an affirmative defense that
state actors must assert, as nine U.S. Courts of Appeals hold, or whether
federal appellate courts may raise the defense sua sponte,
as three U.S. Courts of Appeals hold; and (2) whether the Supreme Court should reconsider Pearson v. Callahan in light of
empirical evidence that bypassing the constitutional
prong results in a constitutional catch-22,
increasingly leaving pressing questions unanswered
simply because they have not been answered before.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Feb 18 2020 | Application (19A917) to extend the time to file a petition for a writ of certiorari from March 8, 2020 to May 7, 2020, submitted to Justice Gorsuch. |
| Feb 19 2020 | Application (19A917) granted by Justice Gorsuch extending the time to file until April 21, 2020. |
| May 07 2020 | Petition for a writ of certiorari filed. (Response due June 15, 2020) |
| May 14 2020 | Motion for leave to file amici brief filed by Former Corrections Directors. |
| May 19 2020 | Motion to extend the time to file a response from June 15, 2020 to August 14, 2020, submitted to The Clerk. |
| May 20 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2020. |
| May 20 2020 | Response to motion from respondent Danny Burls, et al. filed. |
| Jun 08 2020 | Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. |
| Jun 11 2020 | Brief amici curiae of Human Rights Clinics, et al. filed. |
| Jun 12 2020 | Brief amicus curiae of John F. Stinneford filed. |
| Jun 15 2020 | Brief amicus curiae of Cato Institute filed. |
| Jun 15 2020 | Brief amici curiae of Professors and Practitioners of Psychiatry, Psychology, and Medicine filed. |
| Aug 14 2020 | Brief of respondents Danny Burls, et al. in opposition filed. |
| Aug 25 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from September 2, 2020 to September 16, 2020, submitted to The Clerk. |
| Aug 27 2020 | Motion to delay distribution of the petition for a writ certiorari until September 16, 2020 granted. |
| Sep 16 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Sep 16 2020 | Reply of petitioner Charles Hamner filed. (Distributed) |
| Oct 13 2020 | Motion for leave to file amici brief filed by Federal Corrections Directors GRANTED. |
| Oct 13 2020 | Petition DENIED. |
