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Simmons v. Himmelreich

Docket No.15-109
Op. Below6th Cir.
ArgumentMar 22, 2016

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 Sonia Sotomayor on Jun 6, 2016.

Proceedings & orders timeline

May 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.
May 22, 2015
Application (14A1201) granted by Justice Kagan extending the time to file until July 23, 2015.
Jul 23, 2015
Petition for a writ of certiorari filed. (Response due August 24, 2015)
Aug 4, 2015
Order extending time to file response to petition to and including September 23, 2015.
Sep 22, 2015
Brief of respondent Walter J. Himmelreich in opposition filed.
Sep 22, 2015
Motion for leave to proceed in forma pauperis filed by respondent Walter J. Himmelreich.
Oct 7, 2015
DISTRIBUTED for Conference of October 30, 2015.
Oct 8, 2015
Reply of petitioners Jermaine Simmons, et al. filed. (Distributed)
Nov 2, 2015
DISTRIBUTED for Conference of November 6, 2015.
Nov 6, 2015
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 6, 2015
Petition GRANTED.
Nov 23, 2015
The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 28, 2015.
Nov 23, 2015
The time to file respondent's brief on the merits is extended to and including February 3, 2016.
Dec 28, 2015
Joint appendix filed. (Statement of cost filed.)
Dec 28, 2015
Brief of petitioners Jermaine Simmons, et al. filed.
Jan 29, 2016
SET FOR ARGUMENT ON Tuesday, March 22, 2016
Feb 3, 2016
Brief of respondent Walter J. Himmelreich filed.
Feb 4, 2016
Brief amici curiae of Professors Gregory Sisk and James Pfander filed.
Feb 8, 2016
Record requested from U.S.C.A. 6th Circuit.
Feb 10, 2016
CIRCULATED.
Feb 10, 2016
Brief amici curiae of Public Citizen, Inc., et al. filed. (Distributed)
Mar 4, 2016
Reply of petitioners Jermaine Simmons, et al. filed. (Distributed)
Mar 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.
Jun 6, 2016
Judgment is affirmed and case remanded. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 8, 2016
JUDGMENT ISSUED

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