No. 19-718

James King v. Douglas Brownback, et al.

Lower Court: Sixth Circuit
Docketed: 2019-12-06
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: 42-usc-1983 bivens civil-procedure civil-rights color-of-law due-process federal-law law-enforcement section-1983 state-law task-force
Key Terms:
SocialSecurity
Latest Conference: 2020-03-27 (distributed 2 times)
Question Presented (AI Summary)

Does a law enforcement officer's membership in a joint state-federal police task force managed, in part, by a federal agency preclude him or her from acting 'under color of state law' for purposes of Section 1983?

Question Presented (from Petition)

QUESTION PRESENTED The use of joint state-federal police task forces has expanded nationwide and along with it the related practice of federally deputizing state law enforcement officers as task force members. Although this Court has explained that a federal law enforcement officer can act “under color of state law” for purposes of liability under 42 U.S.C. 1983, there is a split of authority among the circuit courts regarding whether a law enforcement officer’s membership in a task force renders his or her actions “under color of federal law” and provides per se immunity from liability under Section 1983. Does a law enforcement officer’s membership in a joint state-federal police task force managed, in part, by a federal agency preclude him or her from acting “under color of state law” for purposes of Section 1983?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-23
DISTRIBUTED for Conference of 3/27/2020.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-21
Reply of petitioner James King filed.
2020-02-11
Brief of respondents Brownback, Douglas, et al. in opposition filed.
2020-01-17
Motion to extend the time to file a response is granted and the time is further extended to and including February 11, 2020.
2020-01-16
Motion to extend the time to file a response from January 21, 2020 to February 11, 2020, submitted to The Clerk.
2019-12-31
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-12-30
Motion to extend the time to file a response from January 6, 2020 to January 21, 2020, submitted to The Clerk.
2019-11-27
Petition for a writ of certiorari filed. (Response due January 6, 2020)

Attorneys

Brownback, Douglas, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
James King
Patrick Michael JaicomoInstitute for Justice, Petitioner
Patrick Michael JaicomoInstitute for Justice, Petitioner