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Douglas Brownback, et al. v. James King

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2101 · judgment February 25, 2019

Decided · February 25, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

The Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671 et seq., waives the sovereign immunity of the United States and creates a cause of action for damages for certain torts committed by federal employees "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA also imposes a judgment bar, which provides that "[t]he judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim." 28 U.S.C. 2676. The question presented is whether a final judgment in favor of the United States in an action brought under Section 1346(b)(1), on the ground that a private person would not be liable to the claimant under state tort law for the injuries alleged, bars a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), that is brought by the same claimant, based on the same injuries, and against the same governmental employees whose acts gave rise to the claimant's FTCA claim.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Patrick Michael Jaicomo
Institute for Justice

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 merits
(6 respondent)

Argument & decision

Argued November 9, 2020 — Michael R. Huston · Patrick M. Jaicomo. Audio and transcript

Decided February 25, 2021. Opinion by Thomas.

Proceedings

  1. Mar 29 2021
    JUDGMENT ISSUED.
  2. Feb 25 2021
    Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
  3. Nov 09 2020
    Argued. For petitioners: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Patrick M. Jaicomo, Arlington, Va.
  4. Sep 23 2020
    Reply of petitioners Douglas Brownback, et al. filed. (Distributed)
  5. Sep 02 2020
    CIRCULATED
  6. Sep 01 2020
    The record received from the U.S.C.A. 6th Circuit is electronically filed.
  7. Aug 31 2020
    Record requested from the U.S.C.A. 6th Circuit.
  8. Aug 31 2020
    Amicus brief of Members of Congress not accepted for filing. (Corrected PDF to be submitted - August 31, 2020)
  9. Aug 31 2020
    Brief amici curiae of The American Civil Liberties Union et al filed.
  10. Aug 31 2020
    Brief amici curiae of Members of Congress filed.
  11. Aug 31 2020
    Brief amici curiae of Cato Institute and National Police Accountability Project filed.
  12. Aug 31 2020
    Brief amicus curiae of Law Enforcement Action Partnership filed.
  13. Aug 31 2020
    Amicus brief of Professors James Pfander, Gregory Sisk & Zachary Clopton not accepted for filing. (September 10, 2020 - corrected brief to be submitted).
  14. Aug 31 2020
    Brief amici curiae of Professors James Pfander, Gregory Sisk & Zachary Clopton filed. (9/11/2020) (Distributed)
  15. Aug 28 2020
    Brief amicus curiae of Public Citizen filed.
  16. Aug 24 2020
    Brief of respondent James King filed.
  17. Aug 19 2020
    SET FOR ARGUMENT on Monday, November 9, 2020.
  18. Jun 19 2020
    Joint appendix filed.
  19. Jun 19 2020
    Brief of petitioners Douglas Brownback, et al. filed.
  20. Apr 21 2020
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 19, 2020. The time to file respondent's brief on the merits is extended to and including August 24, 2020.
  21. Apr 09 2020
    Motion for an extension of time to file the briefs on the merits filed.
  22. Mar 30 2020
    Petition GRANTED.
  23. Mar 23 2020
    DISTRIBUTED for Conference of 3/27/2020.
  24. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  25. Feb 05 2020
    Reply of petitioners Douglas Brownback, et al. filed.
  26. Jan 21 2020
    Brief of respondent James King in opposition filed.
  27. Nov 08 2019
    Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020.
  28. Nov 06 2019
    Motion to extend the time to file a response from November 27, 2019 to January 22, 2020, submitted to The Clerk.
  29. Oct 25 2019
    Petition for a writ of certiorari filed. (Response due November 27, 2019)
  30. Sep 16 2019
    Application (19A184) granted by Justice Sotomayor extending the time to file until October 25, 2019.
  31. Sep 13 2019
    Application (19A184) to extend further the time from September 25, 2019 to October 25, 2019, submitted to Justice Sotomayor.
    Written RequestProof of Service
  32. Aug 18 2019
    Application (19A184) granted by Justice Sotomayor extending the time to file until September 25, 2019.
  33. Aug 16 2019
    Application (19A184) to extend the time to file a petition for a writ of certiorari from August 26, 2019 to September 25, 2019, submitted to Justice Sotomayor.
    Main DocumentProof of Service