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Huntress v. United States

Petition for certiorari denied on January 11, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-426 2nd Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the discretionary-function exception to the Federal Tort Claims Act’s waiver of sovereign immunity for United States employees’ negligent or wrongful conduct nullifies the law-enforcement proviso that clarifies the act’s provisions “shall apply to any claim” for “abuse of process[ ] or malicious prosecution” (as four circuits have now held), limits that proviso (as one circuit has held) or yields to it (as one circuit has held); and (2) whether the discretionary-function exemption applies when government officials act outside their jurisdiction.

DateProceedings and Orders (key to color coding)
Sep 30 2020Petition for a writ of certiorari filed. (Response due November 2, 2020)
Oct 29 2020Motion to extend the time to file a response from November 2, 2020 to December 2, 2020, submitted to The Clerk.
Oct 30 2020Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2020.
Nov 02 2020Brief amici curiae of The Cato Institute filed.
Nov 02 2020Brief amicus curiae of National Association of Home Builders filed.
Nov 16 2020Motion to extend the time to file a response from December 2, 2020 to December 9, 2020, submitted to The Clerk.
Nov 17 2020Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
Dec 09 2020Brief of respondent United States of America in opposition filed.
Dec 21 2020Reply of petitioners William Huntress, et al. filed. (Distributed)
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021Petition DENIED.
Feb 04 2021Petition of William Huntress, et al. for rehearing not accepted for filing. (Paper filing not received - April 9, 2021)
Apr 15 2021Motion for leave to file a petition for rehearing filed by petitioners.
May 04 2021Motion DISTRIBUTED for Conference of 5/20/2021.
May 24 2021Motion for leave to file a petition for rehearing filed by petitioner DENIED.