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Lane v. Franks

Docket No.13-483
Op. Below11th Cir.
ArgumentApr 28, 2014

Holding

Testimony in a criminal prosecution by a government employee about fraud in the program where he works is protected by the First Amendment; however, the supervisor who fired him in retaliation for that testimony has qualified immunity from suit because it was not "beyond debate" that the employee"s testimony was protected.

Judgment

Affirmed in part, reversed in part, and remanded., 9-0, in an opinion by Sonia Sotomayor on Jun 19, 2014.

Proceedings & orders timeline

Oct 15, 2013
Petition for a writ of certiorari filed. (Response due November 18, 2013)
Nov 14, 2013
Brief of respondent Steve Franks in opposition filed.
Nov 26, 2013
Reply of petitioner Edward R. Lane filed.
Dec 4, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 13, 2014
DISTRIBUTED for Conference of January 17, 2014.
Jan 17, 2014
Petition GRANTED.
Feb 4, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 11, 2014
SET FOR ARGUMENT ON Monday, April 28, 2014
Feb 19, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Steve Franks.
Feb 20, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Susan Burrows.
Feb 20, 2014
Motion to dispense with printing the joint appendix filed by petitioner Edward R. Lane.
Mar 3, 2014
Brief of petitioner Edward R. Lane filed.
Mar 3, 2014
Brief of respondent Susan Burrow in support of reversal in part and affirmance in part filed.
Mar 5, 2014
Brief amicus curiae of Alliance Defending Freedom filed.
Mar 7, 2014
Brief amicus curiae of National Whistleblower Center filed. (Distributed)
Mar 10, 2014
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 10, 2014
Record received from U.S.D.C. Northern District of Alabama is electronic. (Not on PACER).
Mar 10, 2014
CIRCULATED.
Mar 10, 2014
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Mar 10, 2014
Brief amici curiae of Law Professors filed. (Distributed)
Mar 10, 2014
Brief amicus curiae of Government Accountability Project filed. (Distributed)
Mar 10, 2014
Brief amicus curiae of United States supporting affirmance in part and reversal in part filed.
Mar 10, 2014
Brief amicus curiae of The National Association of Police Organizations filed. (Distributed)
Mar 10, 2014
Brief amici curiae of National Education Association, et al. filed. (Distributed)
Mar 10, 2014
Brief amicus curiae of First Amendment Coalition filed. (Distributed)
Mar 10, 2014
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Apr 2, 2014
Brief of respondent Steve Franks filed. (Distributed)
Apr 8, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for allocation of argument time filed.
Apr 9, 2014
Brief amici curiae of The International Municipal Lawyers Association, et al. filed. (Distributed)
Apr 11, 2014
Reply of petitioner Edward R. Lane filed. (Distributed)
Apr 17, 2014
Reply of respondent Susan Burrow filed. (Distributed)
Apr 18, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for allocation of argument time GRANTED.
Apr 22, 2014
Letter from counsel for petitioner Edward R. Lane filed. (Distributed)
Apr 28, 2014
Argued. For petitioner: Tejinder Singh, Washington, D. C.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent Burrow: Luther J. Strange, III, Attorney General, Montgomery, Ala. For respondent Franks: Mark T. Waggoner, Birmingham, Ala.
Jun 19, 2014
Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Scalia and Alito, JJ., joined.
Jul 21, 2014
JUDGMENT ISSUED

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