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Buehler v. Austin Police Department

Certiorari Denied

Petition for certiorari denied on April 17, 2017.

Docket No.16-729
Op. Below5th Cir.

Issue

Whether a third-party finding of probable cause"including a post-arrest grand jury indictment"precludes a false arrest suit under 42 U.S.C. § 1983, as the U.S. Court of Appeals for the 5th Circuit has held pursuant to its "independent intermediary doctrine," in conflict with precedent of this court and other courts of appeals.

Proceedings & orders timeline

Sep 16, 2016
Application (16A284) to extend the time to file a petition for a writ of certiorari from October 4, 2016 to November 3, 2016, submitted to Justice Thomas.
Sep 21, 2016
Application (16A284) granted by Justice Thomas extending the time to file until November 3, 2016.
Oct 12, 2016
Application (16A284) to extend further the time from November 3, 2016 to December 2, 2016, submitted to Justice Thomas.
Oct 18, 2016
Application (16A284) granted by Justice Thomas extending the time to file until December 2, 2016.
Dec 2, 2016
Petition for a writ of certiorari filed. (Response due January 4, 2017)
Dec 19, 2016
Order extending time to file response to petition to and including February 3, 2017.
Jan 4, 2017
Brief amicus curiae of The National Association for Public Defense filed.
Jan 4, 2017
Brief amici curiae of Cato Institute, et al. filed.
Jan 19, 2017
Order further extending time to file response to petition to and including March 6, 2017.
Mar 6, 2017
Brief of respondents Austin Police Department, et al. in opposition filed.
Mar 22, 2017
DISTRIBUTED for Conference of April 13, 2017.
Mar 22, 2017
Reply of petitioner Antonio Francis Buehler filed. (Distributed)
Apr 17, 2017
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.

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