Supreme Court of the United States · Official docket →
Stephen Linder v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 15-1501 · judgment September 9, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Seventh Circuit erred in concluding, contrary to five other circuits, that the discretionary function exception of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680(a), bars claims for malicious prosecution and intentional infliction of emotional distress even where the tortious conduct violated the Constitution.
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Whether the Seventh Circuit erred in concluding, contrary to the Eleventh Circuit but consistent with other circuits, that the discretionary function exception in Section 2680(a) of the FTCA bars claims for malicious prosecution despite the FTCA’s waiver in Section 2680(h) of sovereign immunity for such claims when based on the “acts or omissions of . . . law enforcement officers of the United States Government.”
Counsel of record
For petitioner
Cynthia Hayden Hyndman
Robinson Curley & Clayton,P.C.
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jun 29 2020Petition DENIED.
- Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
- Jun 05 2020Reply of petitioner Stephen Linder filed. (Distributed)
- May 26 2020Brief of respondent United States of America in opposition filed.
- Apr 29 2020Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
- Apr 28 2020Motion to extend the time to file a response from May 4, 2020 to May 26, 2020, submitted to The Clerk.
- Mar 26 2020Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020.
- Mar 25 2020Motion to extend the time to file a response from April 3, 2020 to May 4, 2020, submitted to The Clerk.
- Mar 02 2020Petition for a writ of certiorari filed. (Response due April 3, 2020)
- Jan 14 2020Application (19A782) granted by Justice Kavanaugh extending the time to file until March 2, 2020.
- Jan 09 2020Application (19A782) to extend the time to file a petition for a writ of certiorari from January 30, 2020 to March 2, 2020, submitted to Justice Kavanaugh.