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Hamner v. Burls

Petition for certiorari denied on October 13, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1291 8th Cir. N/A N/A N/A N/A OT 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 18 2020Application (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 2020Application (19A917) granted by Justice Gorsuch extending the time to file until April 21, 2020.
May 07 2020Petition for a writ of certiorari filed. (Response due June 15, 2020)
May 14 2020Motion for leave to file amici brief filed by Former Corrections Directors.
May 19 2020Motion to extend the time to file a response from June 15, 2020 to August 14, 2020, submitted to The Clerk.
May 20 2020Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2020.
May 20 2020Response to motion from respondent Danny Burls, et al. filed.
Jun 08 2020Brief amici curiae of Professors of Civil Procedure and Federal Courts filed.
Jun 11 2020Brief amici curiae of Human Rights Clinics, et al. filed.
Jun 12 2020Brief amicus curiae of John F. Stinneford filed.
Jun 15 2020Brief amicus curiae of Cato Institute filed.
Jun 15 2020Brief amici curiae of Professors and Practitioners of Psychiatry, Psychology, and Medicine filed.
Aug 14 2020Brief of respondents Danny Burls, et al. in opposition filed.
Aug 25 2020Motion 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 2020Motion to delay distribution of the petition for a writ certiorari until September 16, 2020 granted.
Sep 16 2020DISTRIBUTED for Conference of 10/9/2020.
Sep 16 2020Reply of petitioner Charles Hamner filed. (Distributed)
Oct 13 2020Motion for leave to file amici brief filed by Federal Corrections Directors GRANTED.
Oct 13 2020Petition DENIED.
 
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