clearly-established

28 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-1229 Denise A. Canzoneri v. Prescott Unified School District, et al. Ninth Circuit 2025-06-03 Denied clearly-established factual-allegations first-amendment light-most-favorable motion-to-dismiss qualified-immunity 1. At the motion to dismiss stage, all factual allegations in the complaint must be viewed as true and resolved in a light most favorable for the plai…
24A697 Ismael Ruiz v. Dan Shannon, Director, Wyoming Department of Corrections, et al. Tenth Circuit 2025-01-15 Presumed Complete access-to-courts clearly-established constitutional-violation prisoners-rights pro-se tenth-circuit Question not identified.
24-15 Paulette Smith, Individually and as Successor in Interest to Albert Dorsey, Deceased v. Edward Agdeppa Ninth Circuit 2024-07-09 Denied clearly-established excessive-force fourth-amendment police-shooting qualified-immunity section-1983 summary-judgment use-of-force In the context of Fourth Amendment claims alleging excessive force, the determination of a police officer's entitlement to qualified immunity in summa…
23-1333 Sami Azmi, et al. v. John Sylvester Penny Ninth Circuit 2024-06-21 Denied civil-rights clearly-established excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment undisputed-evidence video-evidence In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court's obligation to view the evidence in the light most …
23-689 City of Los Angeles, California, et al. v. M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. Ninth Circuit 2023-12-27 Dismissed Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established excessive-force law-enforcement qualified-immunity summary-judgment undisputed-evidence video-evidence In ruling on a claim for qualified immunity raised in a motion for summary judgment, does a court's obligation to view the evidence in the light most …
23-521 Denise Fisher v. Jodi M. Moore, et al. Fifth Circuit 2023-11-16 Denied Response Waived circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment qualified-immunity state-action state-created-danger Whether the Court should hold that it was clearly established by November 2019 that the Due Process Clause prohibits state officials from knowingly pl…
23A42 Sarah K. Molina, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2023-07-17 Presumed Complete clearly-established first-amendment legal-observers qualified-immunity retaliation section-1983 (1) whether wearing a hat identifying one as a "National Lawyers Guild legal observer" is protected speech under the First Amendment, or as the panel …
22-1107 Officer Matthew Gregory, et al. v. Elise Brown Ninth Circuit 2023-05-12 Denied Response RequestedRelisted (3) civil-rights clearly-established clearly-established-law constitutional-rights department-policies excessive-force law-enforcement police-procedure police-training qualified-immunity 1. A unanimous Ninth Circuit panel upheld qualified immunity for two police officers who followed department policies and training when they ordered t…
22-735 Kori Anderson, et al. v. Tristen Calder, as Personal Representative of the Estate of Coby Lee Paugh Tenth Circuit 2023-02-07 Denied Response RequestedRelisted (2) alcohol-withdrawal civil-rights clearly-established constitutional-violation due-process law-enforcement medical-needs qualified-immunity Is qualified immunity wrongfully denied to Petitioners in an alcohol withdrawal case based upon a general determination that ignoring serious medical …
22-675 Vicki Jo Lewis, et vir, Individually and as Co-Personal Representatives of the Estate of Isaiah Mark Lewis, Deceased v. City of Edmond, Oklahoma, et al. Tenth Circuit 2023-01-20 Denied 42-usc-1983 civil-rights clearly-established clearly-established-law constitutional-rights due-process excessive-force law-enforcement qualified-immunity section-1983 summary-reversal 1. Whether this Court should reconsider the judge made doctrine of qualified immunity. 2. Whether qualified immunity insulates a law enforcement offi…
22-556 N. S., Only Child of Decedent, Ryan Stokes, By and Through Her Natural Mother and Next Friend, Brittany Lee, et al. v. Kansas City Board of Police Commissioners, et al. Eighth Circuit 2022-12-19 Denied Amici (1)Relisted (12) 42-usc-1983 circuit-split civil-rights clearly-established constitutional-rights due-process law-enforcement legal-precedent qualified-immunity section-1983 1. Whether qualified immunity insulates a law enforcement officer from liability under 42 U.S.C. § 1983 if there is no factually identical precedent e…
22-431 Gigi Jordan v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility Second Circuit 2022-11-08 Denied Response RequestedResponse WaivedRelisted (2) clearly-established federal-law habeas-corpus public-trial-clause sixth-amendment supreme-court-precedent unreasonable-application The question presented is whether a federal habeas petitioner seeking relief on the basis of a violation of the Public Trial Clause can demonstrate an…
21-1220 County of Sacramento, California, et al. v. Kenard Thomas Ninth Circuit 2022-03-08 Denied Amici (1)Response Waived 42-usc-1983 civil-procedure civil-rights clearly-established constitutional-violation due-process fact-determination law-enforcement qualified-immunity reviewing-standard section-1983 1. In deciding whether qualified immunity applies, the court is to view the evidence in the light most favorable to the plaintiff. Is it appropriate, …
21-1141 Charles Wade v. Gordon Lewis Eleventh Circuit 2022-02-16 Denied Amici (1)Response Waived 8th-amendment circuit-split civil-rights clearly-established constitutional-violation due-process fair-warning medical-treatment prisoner-rights qualified-immunity Whether this Court's qualified immunity doctrine demands a nearly identical fact pattern before a case can clearly establish the law—as the Eleventh a…
21-1075 Mandy England, in Her Individual Capacity v. Annissa Colson Sixth Circuit 2022-02-03 Denied Response Waived civil-rights clearly-established constitutional-rights correctional-officer due-process eighth-amendment inmate-treatment medical-determination medical-treatment qualified-immunity 1. Whether a correctional officer violated a constitutional right of an inmate for not requesting further treatment for a non-life-threatening injury …
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied IFP 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony 1. Whether this Court should clarify its holding in Greene v. Fisher, 565 U.S. 34, 38 (2011), to reflect that the state court decision by which "clear…
20-1632 Patrick H. Stockdale, et al. v. Kim R. Helper Sixth Circuit 2021-05-24 Denied absolute-immunity clearly-established constitutional-rights first-amendment petition-clause public-employee qualified-immunity retaliation 1. Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public officia…
20-1128 Ralph Clay Walsh, Jr. v. Lisa Hodge, et al. Fifth Circuit 2021-02-17 Denied Response Waived circuit-split civil-rights clearly-established clearly-established-law cross-examination due-process qualified-immunity title-ix Justice Thomas and Justice Sotomayor have criticized the "clearly established" prong of the qualified immunity test and would revisit the Court's prec…
20-1002 Cody William Cox v. Don Wilson Tenth Circuit 2021-01-26 Denied Amici (1) circuit-split civil-rights clearly-established constitutional-rights due-process fair-notice fair-warning government-official legal-standard precedent-comparison qualified-immunity Whether a court may uphold a qualified immunity claim on the ground that qualified immunity had been granted in a prior case in which the "impropriety…
20-877 Trinell King v. Ricky Pridmore, et al. Eleventh Circuit 2020-12-31 Denied civil-rights clearly-established excessive-force hope-v-peltzer police-misconduct qualified-immunity racial-bias summary-judgment tolan-v-cotton Respondents Ricky Pridmore, Corey Archer, and Andrew Hill are White police officers who treated Petitioner Trinell King, a young Black citizen, as a t…
19-1085 Shannon Deasey, et al. v. Daniella Slater, et al. Ninth Circuit 2020-03-04 Denied Response RequestedRelisted (2) 7th-circuit 9th-circuit civil-rights clearly-established clearly-established-law closely-analogous constitutional-rights due-process legal-precedent ninth-circuit qualified-immunity seventh-circuit sufficiently-analogous This petition presents the question whether, for purposes of qualified immunity, a merely "sufficiently analogous" case is enough to show that the law…
19-725 JonMichael Guy v. Robert O. Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2019-12-09 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established due-process first-amendment free-speech judicial-interpretation qualified-immunity religion-clauses religious-discrimination sincere-belief standing When a government official discriminates against a belief that is sincere and religious to the victim, and is therefore protected by the Religion Clau…
19-466 Zachery Pittman v. Herman Harris Fourth Circuit 2019-10-09 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 4th-amendment circuit-split civil-rights clearly-established excessive-force fourth-amendment qualified-immunity scott-v-harris section-1983 summary-judgment use-of-force 1. Whether in Scott U. Harris, 550 U.S. 372 (2007) this Court announced an "exception" to the summary judgment standard in cases commenced under 42 U.…
19-174 Jeri Lynn Rich, Representative for Gavrila Covaci Dupuis-Mays, an Incapacitated Person v. Michael Palko, et al. Fifth Circuit 2019-08-07 Denied Relisted (2) civil-rights clearly-established collateral-order collateral-order-doctrine excessive-force fourth-amendment material-facts qualified-immunity seizure The Court's "collateral order" doctrine permits interlocutory appeal with a two- pronged test for a government official's claim to qualified immunity:…
18-1458 Charles J. Vernier v. Debra Gallegos New Mexico 2019-05-22 Denied Response Waived 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure On May 4, 2013, Respondent Debra Gallegos was stopped at a DWI checkpoint in New Mexico. Petitioner Charles Vernier, a New Mexico State Police Officer…
18-1358 Douglas Echols v. Spencer Lawton Eleventh Circuit 2019-04-29 Denied Response Waived circuit-split civil-rights clearly-established constitutional-violation due-process first-amendment first-amendment-retaliation libel-per-se presumption-of-innocence qualified-immunity retaliation substantive-due-process Where the Eleventh Circuit found a constitutional violation in a prosecutor's use of libel per se to retaliate against a wrongfully convicted person w…
18-643 Janette Dunkle v. Jennifer Dale, et al. Ninth Circuit 2018-11-19 Denied Response Waived 14th-amendment 4th-amendment child-seizure circuit-court-precedent circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment fourth-amendment qualified-immunity warrantless-seizure This Court has deliberately left open whether a U.S Supreme Court decision (as opposed to a Circuit Court decision) is required to "clearly establish"…
18-46 City of Middletown, Connecticut, et al. v. William McKinney Second Circuit 2018-07-09 Denied Amici (1)Response Waived 4th-amendment active-resistance civil-rights clearly-established constitutional-rights detainee-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-officer use-of-force Police officers were attempting to transfer a detainee to a padded cell where he could be appropriately monitored after he repeatedly obstructed the v…