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James v. Bartelt

Petition for certiorari denied on October 4, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-997 3rd Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit’s decision to exercise jurisdiction over an appeal of the District Court’s denial of qualified immunity on a motion for summary judgment is in conflict with Johnson v. Jones and its own precedent; (2) whether the 3rd Circuit’s ruling that inexplicably deviates from the 3rd Circuit’s precedent in Bennett v. Murphy is an error of law; (3) whether an officer who testifies that he was not in fear of his life or the lives of others nor did he feel threatened by Gibbons before fatally shooting a suspect is entitled to qualified immunity; and (4) whether the 3rd Circuit erred as a matter of law when it interpreted the Supreme Court’s holdings in White v. Pauly and Kisela v. Hughes as creating a new standard of review to the established law when it granted Bartelt absolute immunity for his use of deadly force against a suicidal suspect.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 04 2021Petition for a writ of certiorari filed. (Response due February 25, 2021)
Feb 17 2021Waiver of right of respondent Noah Bartelt to respond filed.
Mar 10 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 12 2021Response Requested. (Due April 12, 2021)
Mar 19 2021Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
Mar 22 2021Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
May 12 2021Brief of respondent Noah Bartelt in opposition filed.
Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 17 2021Record Requested.
Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 23 2021Record received from the U.S.D.C. District of New Jersey (sealed documents received electronically). The remaining record is available on PACER.
Jun 28 2021Record received from the U.S.C.A. Third Circuit (1 envelope). The remaining record is available on PACER.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Sep 17 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)