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Republic of Turkey v. Usoyan

Petition for certiorari denied on October 31, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-1013 D.C. Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether the discretionary function rule within the Foreign Sovereign Immunities Act—which preserves foreign sovereign immunity for “any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused”—applies to claims based upon a presidential security detail’s use of force during an official state visit to the United States, when they are acting within the scope of their employment; (2) whether the U.S. Court of Appeals for the District of Columbia Circuit’s opinion conflicts with relevant decisions of the Supreme Court interpreting the policy prong of the discretionary function rule by authorizing judges to second-guess whether a visiting presidential security detail’s discretionary use of physical force was “plausibly” related to protecting their president, rather than determining whether a presidential security detail’s decisions to physically engage with encroaching civilians is “susceptible to policy analysis”; and (3) which party bears the burden of proving that the discretionary function rule does not apply. CVSG: 9/28/2022

DateProceedings and Orders (key to color coding)
Jan 13 2022Petition for a writ of certiorari filed. (Response due February 17, 2022)
Jan 27 2022Waiver of right of respondent Lusik Usoyan, et al. to respond filed.
Feb 02 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 14 2022Response Requested. (Due March 16, 2022)
Mar 15 2022Brief of respondents Lusik Usoyan, et al. in opposition filed.
Mar 29 2022DISTRIBUTED for Conference of 4/14/2022.
Mar 29 2022Reply of petitioner Republic of Turkey filed. (Distributed)
Apr 18 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 28 2022Brief amicus curiae of United States filed.
Oct 12 2022DISTRIBUTED for Conference of 10/28/2022.
Oct 19 2022Supplemental brief of petitioner Republic of Turkey filed. (Distributed)
Oct 31 2022Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition.