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Decided

Rehberg v. Paulk

Docket No.10-788
Op. Below11th Circuit
ArgumentNov 1, 2011

Holding

A witness in a grand jury proceeding is entitled to the same absolute immunity from suit under Section 1983 as a witness who testifies at trial.

Judgment

affirmed, 9-0, in an opinion by Samuel Alito on Apr 2, 2012.

Merits Briefs in Support of the Petitioner

Merits Briefs for the Respondents

Amicus Briefs in Support of the Respondents

Other Amicus Briefs

[##CERT-STAGE##]

  • Brief in opposition of respondent James P. Paulk (unavailable)
  • Amicus brief of the Government Accountability Project (unavailable)

Proceedings & orders timeline

Oct 4, 2010
Application (10A341) to extend the time to file a petition for a writ of certiorari from October 14, 2010 to December 13, 2010, submitted to Justice Thomas.
Oct 6, 2010
Application (10A341) granted by Justice Thomas extending the time to file until December 13, 2010.
Dec 13, 2010
Petition for a writ of certiorari filed. (Response due January 14, 2011)
Jan 4, 2011
Waiver of right of respondents Kenneth B. Hodges, III, et al. to respond filed.
Jan 14, 2011
Motion for leave to file amicus brief filed by Government Accountability Project.
Jan 24, 2011
Order extending time to file response to petition to and including February 14, 2011.
Feb 1, 2011
Brief of respondent James P. Paulk in opposition filed.
Feb 16, 2011
Reply of petitioner Charles A. Rehberg filed.
Feb 23, 2011
DISTRIBUTED for Conference of March 18, 2011.
Mar 21, 2011
Motion for leave to file amicus brief filed by Government Accountability Project GRANTED.
Mar 21, 2011
Petition GRANTED.
Apr 19, 2011
Letter from counsel, indicating that respondents Kenneth B. Hodges, III, and Kelly R. Burke will not be proceeding further in this matter filed.
May 5, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 6, 2011.
Jun 3, 2011
The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 9, 2011.
Jun 9, 2011
Joint appendix filed.
Jun 9, 2011
Brief of petitioner Charles A. Rehberg filed.
Jun 16, 2011
Brief amicus curiae of United States supporting vacatur and remand filed.
Jul 13, 2011
The time to file respondents' briefs on the merits is extended to and including August 10, 2011.
Jul 22, 2011
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 1, 2011
The time to file respondents' brief on the merits is further extended to and including September 9, 2011.
Aug 4, 2011
Opposition of petitioner to motion of the Solicitor General filed.
Aug 8, 2011
SET FOR ARGUMENT ON Tuesday, November 1, 2011.
Aug 19, 2011
CIRCULATED.
Aug 22, 2011
Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Aug 29, 2011
Record received from U.S.D.C. for Middle District of Georgia. (1 envelope)
Sep 9, 2011
Brief of respondent James P. Paulk filed. (Distributed)
Sep 16, 2011
Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
Sep 23, 2011
Letter from counsel for the respondents in response to the motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument.
Oct 11, 2011
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Oct 11, 2011
Reply of petitioner Charles A. Rehberg filed. (Distributed)
Nov 1, 2011
Argued. For petitioner: Andrew J. Pincus, Washington, D. C. For respondents: John C. Jones, Marietta, Ga.
Apr 2, 2012
Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
May 4, 2012
JUDGMENT ISSUED.
May 8, 2012
Record returned to U.S.C.A. for 11th Circuit.
May 8, 2012
Record returned to U.S.D.C. for Middle District of Georgia.

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