Search SCOTUSblog

Type to search articles, cases, and authors.

Press ↵ to view all results.

Skip to main content
Decided

Hui v. Castaneda

Docket No.08-1529
Op. Below9th Circuit
ArgumentMar 2, 2010

Holding

Public health service officers and employees cannot be sued through so-called Bivens? actions for violating citizens constitutional rights if the violation was committed in the course of their government duties. The plaintiff can only sue the federal government, not the employees.

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on May 3, 2010.

Proceedings & orders timeline

Apr 9, 2009
Application (08A877) to extend the time to file a petition for a writ of certiorari from April 29, 2009 to May 29, 2009, submitted to Justice Kennedy.
Apr 10, 2009
Application (08A877) granted by Justice Kennedy extending the time to file until May 29, 2009.
May 18, 2009
Application (08A877) to extend further the time from May 29, 2009 to June 12, 2009, submitted to Justice Kennedy.
May 19, 2009
Application (08A877) granted by Justice Kennedy extending the time to file until June 12, 2009.
Jun 11, 2009
Petition for a writ of certiorari filed. (Response due July 13, 2009)
Jul 1, 2009
Order extending time to file response to petition to and including August 12, 2009.
Jul 10, 2009
Brief amicus curiae of United States filed. VIDED.
Aug 12, 2009
Brief of respondents Yanira Castaneda and Vanessa Castenada in opposition filed. VIDED.
Aug 25, 2009
Reply of petitioners Eugene Migliaccio, et al. filed. (Distributed)
Aug 26, 2009
DISTRIBUTED for Conference of September 29, 2009.
Sep 30, 2009
Petition GRANTED The petition for a writ of certiorari in No. 08-1547 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 29, 2009
Stipulation to dismiss the writ of certiorari only as to Eugene Migliaccio and Timothy Shack pursuant to Rule 46 received.
Oct 29, 2009
Writ of certiorari only as to Eugene Migliaccio and Timothy Shack dismissed pursuant to Rule 46.
Oct 30, 2009
The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 4, 2009.
Oct 30, 2009
The time to file respondents' briefs on the merits is extended to and including January 15, 2010.
Nov 30, 2009
SET FOR ARGUMENT ON Tuesday, March 2, 2010.
Dec 4, 2009
Brief of petitioner Commander Stephen Gonsalves filed.
Dec 4, 2009
Joint appendix filed. (Statement of costs filed)
Dec 4, 2009
Brief of petitioner Esther Hui filed.
Dec 10, 2009
Brief amici curiae of Commissioned Officers Association of the United States Public Health Service, Inc, et al. filed.
Dec 11, 2009
Brief amicus curiae of United States filed.
Dec 17, 2009
CIRCULATED.
Jan 5, 2010
Record received from U.S.D.C. for Central District of California. (1 envelope)
Jan 5, 2010
Record received from U.S.C.A. for 9th Circuit. (1 envelope).
Jan 15, 2010
Brief of respondents Yanira Castaneda and Vanessa Castenada filed. (Distributed)
Jan 22, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22, 2010
Brief amici curiae of National Experts on Health Services for Detained Persons filed. (Distributed)
Jan 22, 2010
Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Jan 22, 2010
Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)
Jan 22, 2010
Brief amici curiae of Rep. John Conyers, Jr., Rep. Zoe Lofgren, and Rep. Jerrold Nadler. filed. (Distributed)
Feb 16, 2010
Reply of petitioner Commander Stephen Gonsalves filed. (Distributed)
Feb 16, 2010
Reply of petitioner Esther Hui filed. (Distributed)
Feb 19, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 2, 2010
Argued. For petitioners: Elaine J. Goldenberg, Washington, D. C.; and Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Conal Doyle, Oakland, Cal.
May 3, 2010
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jun 4, 2010
JUDGMENT ISSUED.
Jun 4, 2010
Record returned to USCA for the Ninth Circuit. (1-envelope)
Jun 4, 2010
Record return to the USDC for the Central District of California. (1-envelope)

Welcome

Tell us a bit about yourself and choose what you’d like to hear from us. You can change any of it any time in your account.