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Decided

Federal Aviation Administration v. Cooper

Docket No.10-1024
Op. Below9th Cir.
ArgumentNov 30, 2011

Holding

The authorization of suits against the government for "actual damages" in the Privacy Act of 1974 is not sufficiently clear to constitute a waiver of sovereign immunity from suits for mental and emotional distress.

Judgment

Reversed and remanded, 5-3, in an opinion by Samuel Alito on Mar 28, 2012. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg and Breyer. Justice Kagan took no part in the consideration or decision of this case.

Proceedings & orders timeline

Dec 3, 2010
Application (10A569) to extend the time to file a petition for a writ of certiorari from December 15, 2010 to January 14, 2011, submitted to Justice Kennedy.
Dec 6, 2010
Application (10A569) granted by Justice Kennedy extending the time to file until January 14, 2011.
Jan 4, 2011
Application (10A569) to extend further the time from January 14, 2011 to February 13, 2011, submitted to Justice Kennedy.
Jan 12, 2011
Application (10A569) granted by Justice Kennedy extending the time to file until February 13, 2011.
Feb 14, 2011
Petition for a writ of certiorari filed. (Response due March 16, 2011)
Feb 14, 2011
Appendix of Federal Aviation Administration, et al. filed.
Mar 8, 2011
Order extending time to file response to petition to and including April 15, 2011.
Apr 7, 2011
Order further extending time to file response to petition to and including May 16, 2011.
May 16, 2011
Brief of respondent Stanmore Cawthon Cooper in opposition filed.
May 31, 2011
DISTRIBUTED for Conference of June 16, 2011.
May 31, 2011
Reply of petitioners Federal Aviation Administration, et al. filed. (Distributed)
Jun 20, 2011
Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Jul 21, 2011
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2011.
Jul 21, 2011
The time to file respondent's brief on the merits is extended to and including September 27, 2011.
Aug 3, 2011
Motion to dispense with printing the joint appendix filed by the Solicitor General.
Aug 19, 2011
Brief of petitioners Federal Aviation Administration, et al. filed.
Sep 12, 2011
SET FOR ARGUMENT ON Wednesday November 30, 2011.
Sep 19, 2011
CIRCULATED
Sep 21, 2011
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Sep 27, 2011
Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Sep 27, 2011
Brief of respondent Stanmore Cawthon Cooper filed. (Distributed)
Sep 30, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Solicitor General.
Oct 4, 2011
Brief amicus curiae of National Whistleblower Center filed. (Distributed)
Oct 4, 2011
Brief amicus curiae of Electronic Privacy Information Center filed. (Distributed)
Oct 4, 2011
Brief amici curiae of AIDS Foundation of Chicago, et al. filed. (Distributed)
Oct 27, 2011
Reply of petitioners Federal Aviation Administration, et al. filed. (Distributed)
Nov 30, 2011
Argued. For petitioners: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Raymond A. Cardozo, San Francisco, Cal.
Mar 28, 2012
Judgment REVERSED and case REMANDED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined. Justice Kagan took no part in the consideration or decision of this petition.
Apr 30, 2012
JUDGMENT ISSUED.

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