No. 23-1282
John C. Baer v. Larry Trent Roberts, et al.
Tags: buckley-v-fitzsimmons circuit-conflict civil-rights due-process evidence-marshaling prosecutorial-immunity qualified-immunity section-1983
Latest Conference:
2024-10-18
(distributed 2 times)
Question Presented (from Petition)
1. Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present at trial, as four Circuits have held, or not, as two Circuits have held.
2. Whether the Court should clarify or, if necessary, recede from its dictum in footnote five of Buckley, that "a determination of probable cause does not guarantee a prosecutor absolute immunity from liability for all actions taken afterwards."
Question Presented (AI Summary)
Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present at trial
Docket Entries
2024-10-21
Petition DENIED.
2024-10-15
DISTRIBUTED for Conference of 10/18/2024.
2024-10-08
Rescheduled.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
Reply of petitioner John C. Baer filed. (Distributed)
2024-09-06
Brief of respondents Larry Trent Roberts, et al. in opposition filed.
2024-09-06
Brief of Larry Trent Roberts, et al. in opposition submitted.
2024-07-26
Motion to extend the time to file a response is granted and the time is further extended to and including September 6, 2024.
2024-07-25
Motion of Larry Trent Roberts, et al. for an extension of time submitted.
2024-07-25
Motion to extend the time to file a response from August 7, 2024 to September 6, 2024, submitted to The Clerk.
2024-07-08
Amicus brief of Association of Prosecuting Attorneys submitted.
2024-07-08
Brief amicus curiae of Association of Prosecuting Attorneys filed.
2024-07-03
Brief amicus curiae of Pennsylvania filed.
2024-07-03
Brief amicus curiae of Commonwealth of Pennsylvania filed.
2024-07-03
Amicus brief of Commonwealth of Pennsylvania submitted.
2024-06-28
Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2024.
2024-06-26
Motion to extend the time to file a response from July 8, 2024 to August 7, 2024, submitted to The Clerk.
2024-06-26
Motion of Larry Trent Roberts, et al. for an extension of time submitted.
2024-06-05
Petition for a writ of certiorari filed. (Response due July 8, 2024)
2024-04-17
Application (23A928) granted by Justice Alito extending the time to file until June 5, 2024.
2024-04-12
Application (23A928) to extend the time to file a petition for a writ of certiorari from May 5, 2024 to July 4, 2024, submitted to Justice Alito.
Attorneys
Association of Prosecuting Attorneys
Alexander C. Dale — Ward and Smith, PA, Amicus
Commonwealth of Pennsylvania
Hugh J. Burns Jr. — Philadelphia D.A.'s Office, Amicus
John C. Baer
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner
Larry Trent Roberts, et al.
Paul Whitfield Hughes — McDermott Will & Emery, Respondent