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Brownback v. King

Docket No.19-546
Op. Below6th Cir.
ArgumentNov 9, 2020

Holding

The district court's dismissal of King's claims under the Federal Tort Claims Act triggered the "judgment bar" in 28 U.S.C. § 2676 that precludes him from raising separate claims under Bivens v. Six Unknown Federal Narcotics Agents on appeal.

Judgment

Reversed, 9-0, in an opinion by Clarence Thomas on Feb 25, 2021. Justice Sotomayor filed a concurring opinion.

Proceedings & orders timeline

Aug 16, 2019
Application (19A184) to extend the time to file a petition for a writ of certiorari from August 26, 2019 to September 25, 2019, submitted to Justice Sotomayor.
Aug 18, 2019
Application (19A184) granted by Justice Sotomayor extending the time to file until September 25, 2019.
Sep 13, 2019
Application (19A184) to extend further the time from September 25, 2019 to October 25, 2019, submitted to Justice Sotomayor.
Sep 16, 2019
Application (19A184) granted by Justice Sotomayor extending the time to file until October 25, 2019.
Oct 25, 2019
Petition for a writ of certiorari filed. (Response due November 27, 2019)
Nov 6, 2019
Motion to extend the time to file a response from November 27, 2019 to January 22, 2020, submitted to The Clerk.
Nov 8, 2019
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020.
Jan 21, 2020
Brief of respondent James King in opposition filed.
Feb 5, 2020
Reply of petitioners Douglas Brownback, et al. filed.
Feb 26, 2020
DISTRIBUTED for Conference of 3/20/2020.
Mar 23, 2020
DISTRIBUTED for Conference of 3/27/2020.
Mar 30, 2020
Petition GRANTED.
Apr 9, 2020
Motion for an extension of time to file the briefs on the merits filed.
Apr 21, 2020
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 19, 2020. The time to file respondent's brief on the merits is extended to and including August 24, 2020.
Jun 19, 2020
Joint appendix filed.
Jun 19, 2020
Brief of petitioners Douglas Brownback, et al. filed.
Aug 19, 2020
SET FOR ARGUMENT on Monday, November 9, 2020.
Aug 24, 2020
Brief of respondent James King filed.
Aug 28, 2020
Brief amicus curiae of Public Citizen filed.
Aug 31, 2020
Record requested from the U.S.C.A. 6th Circuit.
Aug 31, 2020
Amicus brief of Members of Congress not accepted for filing. (Corrected PDF to be submitted - August 31, 2020)
Aug 31, 2020
Brief amici curiae of The American Civil Liberties Union et al filed.
Aug 31, 2020
Brief amici curiae of Members of Congress filed.
Aug 31, 2020
Brief amici curiae of Cato Institute and National Police Accountability Project filed.
Aug 31, 2020
Brief amicus curiae of Law Enforcement Action Partnership filed.
Aug 31, 2020
Amicus brief of Professors James Pfander, Gregory Sisk & Zachary Clopton not accepted for filing. (September 10, 2020 - corrected brief to be submitted).
Aug 31, 2020
Brief amici curiae of Professors James Pfander, Gregory Sisk & Zachary Clopton filed. (9/11/2020) (Distributed)
Sep 1, 2020
The record received from the U.S.C.A. 6th Circuit is electronically filed.
Sep 2, 2020
CIRCULATED
Sep 23, 2020
Reply of petitioners Douglas Brownback, et al. filed. (Distributed)
Nov 9, 2020
Argued. For petitioners: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Patrick M. Jaicomo, Arlington, Va.
Feb 25, 2021
Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Mar 29, 2021
JUDGMENT ISSUED.

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