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ARLINGTON, Va.—A new cert petition before the United States Supreme Court asks the Justices to strike down an immunity recognized by a lower court for two police task force officers who brutally beat an innocent college student in 2014. Represented by the Institute for Justice (IJ), James King is asking the High Court to hear his case for a second time and close a massive loophole for government officials who violate people’s rights.
When the Court first heard James’ case in 2020, the government asked the Justices to recognize a new immunity under a law called the Federal Tort Claims Act (FTCA). If the Justices approved this immunity, the door would be slammed shut on James’ case. Upon IJ’s urging, the Court declined to recognize this new immunity and instead asked the 6th U.S. Circuit Court of Appeals to hear IJ’s arguments why it should not be applied. Unfortunately, the Sixth Circuit cited outdated case law to apply the immunity and let the government off the hook. Now, IJ is asking the court to once again hear the case.
“Instead of seriously engaging with the arguments against the immunity, the Sixth Circuit applied it and created a poison pill for any constitutional