🧵Interesting morning. At 10 a.m., #SCOTUS decided Brownback v. King, the @IJ case I argued Nov. 9. The Court gave the gov't a *formal win* by reversing the 6th Cir. on a jurisdictional issue, but a *substantive loss* by declining to end the case. 1/ ij.org/press-release/…
As we argued, the most important issue in this case is whether the FTCA's judgment bar can be applied to different claims brought in the same lawsuit. We say no, the gov't says yes. The Supreme Court held that the Sixth Circuit will have to decide that issue first. 2/
In a powerful concurrence, Justice Sotomayor then highlighted the arguments we made for why--as a matter of centuries of common law and statutory interpretation--a dismissal against one claim cannot preclude another claim in the same lawsuit. 3/
So I'll admit it was a rollercoaster of a morning. James and I have been fighting for #PoliceAccountability for years. (The 7th anniversary of James's beating is this summer.) @IJ is in this fight until the end. 4/
Now, we will return to the 6th Cir. to explain why the Court should not set aside centuries of common-law in this case to create an enormous exception in American legal history just because government workers are the defendants in a lawsuit. 5/
Remember: James was innocent. He wasn't the fugitive these cops were looking for (who had stolen empty cans). James prevailed on #QualifiedImmunity, and even after that, the battle for #PoliceAccountability has raged for years. It's not over. 6/