Simmons v. Himmelreich

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-109	6th Cir.	Mar 22, 0016	Jun 6, 2016	8-0	Sotomayor	OT 2015

Holding: The Federal Tort Claims Act's judgment bar provision does not apply to claims dismissed for falling within the FTCA's "exceptions" section.

Judgment: Affirmed and remanded, 8-0, in an opinion by Justice Sotomayor on June 6, 2016.

SCOTUSblog Coverage

Opinion analysis: Plain language rules the day (and keeps a claim alive) in prisoner-rights suit (Steven Schwinn, June 6, 2016)
Argument analysis: Court splits on viability of Bivens claim after FTCA dismissal (Steven Schwinn, March 23, 2016)
Argument preview: When does a court's dismissal of a prisoner's Federal Tort Claims Act case foreclose a parallel Bivens claim? (Steven Schwinn, March 15, 2016)

Date	Proceedings and Orders (key to color coding)
05/22/2015	Application (14A1201) to extend the time to file a petition for a writ of certiorari from June 8, 2015 to July 23, 2015, submitted to Justice Kagan.
05/22/2015	Application (14A1201) granted by Justice Kagan extending the time to file until July 23, 2015.
07/23/2015	Petition for a writ of certiorari filed. (Response due August 24, 2015)
08/04/2015	Order extending time to file response to petition to and including September 23, 2015.
09/22/2015	Brief of respondent Walter J. Himmelreich in opposition filed.
09/22/2015	Motion for leave to proceed in forma pauperis filed by respondent Walter J. Himmelreich.
10/07/2015	DISTRIBUTED for Conference of October 30, 2015.
10/08/2015	Reply of petitioners Jermaine Simmons, et al. filed. (Distributed)
11/02/2015	DISTRIBUTED for Conference of November 6, 2015.
11/06/2015	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
11/06/2015	Petition GRANTED.
11/23/2015	The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 28, 2015.
11/23/2015	The time to file respondent's brief on the merits is extended to and including February 3, 2016.
12/28/2015	Joint appendix filed. (Statement of cost filed.)
12/28/2015	Brief of petitioners Jermaine Simmons, et al. filed.
01/29/2016	SET FOR ARGUMENT ON Tuesday, March 22, 2016
02/03/2016	Brief of respondent Walter J. Himmelreich filed.
02/04/2016	Brief amici curiae of Professors Gregory Sisk and James Pfander filed.
02/08/2016	Record requested from U.S.C.A. 6th Circuit.
02/10/2016	CIRCULATED.
02/10/2016	Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
03/04/2016	Reply of petitioners Jermaine Simmons, et al. filed. (Distributed)
03/22/2016	Argued. For petitioners: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Christian Vergonis, Washington, D. C.
06/06/2016	Judgment is affirmed and case remanded. Sotomayor, J., delivered the opinion for a unanimous Court.
07/08/2016	JUDGMENT ISSUED