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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

Issue: (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)
09/30/2020Petition for a writ of certiorari filed. (Response due November 2, 2020)
10/29/2020Motion to extend the time to file a response from November 2, 2020 to December 2, 2020, submitted to The Clerk.
10/30/2020Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2020.
11/02/2020Brief amici curiae of The Cato Institute filed.
11/02/2020Brief amicus curiae of National Association of Home Builders filed.
11/16/2020Motion to extend the time to file a response from December 2, 2020 to December 9, 2020, submitted to The Clerk.
11/17/2020Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
12/09/2020Brief of respondent United States of America in opposition filed.
12/21/2020Reply of petitioners William Huntress, et al. filed. (Distributed)
12/23/2020DISTRIBUTED for Conference of 1/8/2021.
01/11/2021Petition DENIED.
02/04/2021Petition of William Huntress, et al. for rehearing not accepted for filing. (Paper filing not received - April 9, 2021)
04/15/2021Motion for leave to file a petition for rehearing filed by petitioners.
05/04/2021Motion DISTRIBUTED for Conference of 5/20/2021.
05/24/2021Motion for leave to file a petition for rehearing filed by petitioner DENIED.