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Guadalupe Chaidez Campos v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-51476 · judgment April 24, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 11% cert probability (95% interval 8%–15%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.

Question presented

The Federal Tort Claims Act’s law enforcement proviso, 28 U.S.C. § 2680(h), waives the United States’ sovereign immunity for “[a]ny claim” arising out of an enumerated list of intentional common-law torts committed by federal law enforcement officers. The question presented is whether, and to what extent, the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a), restricts that proviso.

Counsel of record

For petitioner
Pamela Susan Karlan
Stanford Law School Supreme Court Litigation Clini

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A55

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 20 2019
    Reply of petitioner Guadalupe Chaidez Campos filed. (Distributed)
  4. Feb 05 2019
    Brief of respondent United States in opposition filed.
  5. Dec 17 2018
    Motion to extend the time to file a response from December 20, 2018 to February 5, 2019, submitted to The Clerk.
  6. Dec 17 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including February 5, 2019.
  7. Oct 17 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2018.
  8. Oct 16 2018
    Motion to extend the time to file a response from October 22, 2018 to December 20, 2018, submitted to The Clerk.
  9. Sep 12 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
  10. Sep 11 2018
    Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
  11. Aug 22 2018
    Petition for a writ of certiorari filed. (Response due September 21, 2018)
  12. Jul 16 2018
    Application (18A55) granted by Justice Alito extending the time to file until August 22, 2018.
  13. Jul 12 2018
    Application (18A55) to extend the time to file a petition for a writ of certiorari from July 23, 2018 to August 22, 2018, submitted to Justice Alito.
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