from the United States Court of Appeals for the Third Circuit
See other cases from the Third Circuit.
JUDGMENT ISSUED.
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Argued. For petitioner: Christopher J. Paolella, New York, N. Y. (Appointed by this Court.) For respondent in support of reversal and remand: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Jeffrey S. Bucholtz, Washington, D. C.
Motion for divided argument filed by the Solicitor General out-of-time GRANTED.
Motion of the Solicitor General for divided argument out-of-time filed.
Reply of petitioner Kim Millbrook filed. (Distributed)
Reply of respondent United States filed. (Distributed)
Brief amicus curiae of Court-Appointed amicus curiae in support of the judgment below filed. (Distributed)
Record from U.S.C.A. for Third Circuit and U.S.D.C. for the Middle District of Pennsylvania is electronic.
CIRCULATED.
SET FOR ARGUMENT ON Tuesday, February 19, 2013.
Brief amici curiae of Lambda Legal Defense and Education, Inc., et al. filed.
The time to file the brief of Court-Appointed amicus curiae is extended to and including January 11, 2013.
Brief amicus curiae of Lewisburg Prison Project filed.
Brief amicus curiae of Rutherford Institute filed.
Jeffrey S. Bucholtz, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Brief of petitioner Kim Millbrook filed.
Joint appendix filed. (Statement of costs filed)
Brief of respondent United States supporting reversal and remand filed.
Letter of respondent United States filed. (Distributed)
The time to file the joint appendix and and petitioner's brief on the merits is extended to and including November 30, 2012.
Motion to appoint counsel filed by petitioner GRANTED. , and it is ordered that Christopher J. Paolella, Esquire, of New York, New York, is appointed to serve as counsel for the petitioner in this case.
Motion to appoint counsel filed by petitioner Kim Millbrook. (Distributed)
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether 28 U.S.C. Sec.1346(b) and 2680(h) waive the sovereign immunity of the United States for the intentional torts of prison guards when they are acting within the scope of their employment but are not exercising authority to "execute searches, to seize evidence, or to make arrests for violations of Federal law.
Brief of respondent United States in opposition filed.
Order further extending time to file response to petition to and including August 17, 2012.
Order extending time to file response to petition to and including July 18, 2012.
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2012)
Kim Millbrook, Petitioner, pro se
Kim Millbrook, Petitioner, represented by Christopher Julian Paolella
United States, Respondent, represented by Donald B. Verrilli Jr.
United States, Respondent, represented by Anthony Alan Yang
Court-Appointed amicus curiae in support of the judgment below, Amicus Curiae, represented by Jeffrey S. Bucholtz
Lambda Legal Defense and Education, Inc., et al., Amicus Curiae, represented by Douglas Hallward-Driemeier
Lewisburg Prison Project, Amicus Curiae, represented by Ronald C. Travis
Rutherford Institute, Amicus Curiae, represented by John W. Whitehead