clearly-established-law

88 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A1123 Jennifer Kilnapp v. Bailey Gannon, Individually and in His Official Capacity as Police Officer for the City of Cleveland, Ohio Sixth Circuit 2026-04-13 Application clearly-established-law excessive-force fourth-amendment police-officer-conduct qualified-immunity seizure-doctrine Question not identified.
25A1081 James A. DeLanis v. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, et al. Sixth Circuit 2026-04-02 Application clearly-established-law first-amendment government-objectives private-parties qualified-immunity section-1983 Question not identified.
25-1108 Christopher Zook, et al. v. Scott Fuqua Tenth Circuit 2026-03-23 Pending clearly-established-law excessive-force fourth-amendment motion-to-dismiss qualified-immunity section-1983 1. Video evidence standard at Rule 12(b)(6). Whether a district court may, or must, consider objective video evidence at the motion-to-dismiss stage w…
25-1062 Jessica Pitts, Officer, et al. v. Taylor Burke, as Special Administrator of the Estate of Thomas Gay, Deceased Tenth Circuit 2026-03-06 Pending Amici (2)Response Waived clearly-established-law excessive-force fourth-amendment interlocutory-appeal qualified-immunity summary-judgment Despite this Court's repeated interventions— including its unanimous decision in City of Tahlequah v. Bond , 142 S.Ct. 9 (2021)—emphasizing that clea…
25-6943 Charles L. Burton, Jr. v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2026-03-03 Dismissed IFP certificate-of-appealability clearly-established-law equal-protection habeas-corpus right-to-counsel sixth-amendment The Talladega County trial court deprived Petitioner Charles L. Burton, Jr., of counsel by forcing his attorneys, against their strategic judgment, to…
25-1015 Nicholas Robles, West Covina Police Officer, et al. v. Ronnie Parham Ninth Circuit 2026-02-24 Pending Response RequestedResponse Waived clearly-established-law evading-arrest fourth-amendment probable-cause qualified-immunity traffic-stop 1. Does probable cause exist to stop, search, arrest, and prosecute a criminal suspect for evading arrest where unrefuted video evidence and the suspe…
25-991 Samantha Lee-Ann Sealey v. Arturo Mancias, et al. Fifth Circuit 2026-02-19 Pending Response Waived civil-rights-action clearly-established-law constitutional-violation excessive-force qualified-immunity section-1983 I. To avoid dismissal of a § 1983 excessive-force suit, must a plaintiff plead, as an element of her claim, that the officer had a "superior alternati…
25-943 Antonio M. Smith v. John Kind, et al. Seventh Circuit 2026-02-09 Pending Amici (2) clearly-established-law constitutional-rights deliberate-indifference eighth-amendment government-official qualified-immunity When a government official acts in an obviously unconstitutional manner, is that sufficient for the violation to be clearly established, as this Court…
25-472 Angelic Salgado, as Personal Representative of the Wrongful Death Estate of Jonathan Molina v. Kevin Smith Tenth Circuit 2025-10-17 Denied clearly-established-law excessive-force fourth-amendment police-shooting qualified-immunity use-of-force 1. Second-volley rule. When an officer shoots a suspect once in the chest, steps back for cover to reload, six to eight seconds pass, and the suspect …
25-216 Mathew Grashorn v. Wendy Love, et al. Tenth Circuit 2025-08-22 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) clearly-established-law imminent-danger jurisdiction objective-reasonableness qualified-immunity tenth-circuit Under this Court's well-established qualified-immunity framework, courts conduct a two-part analysis to resolve an officer's qualified-immunity defens…
25-5286 Samuel Fields v. Laura Plappert, Warden Sixth Circuit 2025-08-06 Denied Amici (1)IFP aedpa circuit-court-mandate clearly-established-law exceptional-circumstance habeas-corpus supreme-court-review May a subsequent decision of this Court calling into question the correctness and integrity of a circuit court's judgment qualify as an exceptional ci…
24A1277 Samuel Fields v. Laura Plappert, Warden Sixth Circuit 2025-06-24 Presumed Complete capital-case clearly-established-law confrontation-clause extrinsic-evidence habeas-corpus section-2254 Question not identified.
24-998 Officer Eddie Boyd, III, et al. v. Fred Watson Eighth Circuit 2025-03-19 Denied Response RequestedResponse WaivedRelisted (2) causation-standard clearly-established-law first-amendment qualified-immunity retaliatory-force section-1983 The Eighth Circuit affirmed summary judgment in favor of Petitioner Officer Eddie Boyd as to all of Respondent Fred Watson's 42 U.S.C. § 1983 claims e…
24A800 Officer Eddie Boyd, III, et al. v. Fred Watson Eighth Circuit 2025-02-19 Presumed Complete clearly-established-law first-amendment fourth-amendment objective-reasonableness qualified-immunity retaliatory-use-of-force Whether the First Amendment affords a right to be free from a retaliatory use-of-force that is otherwise objectively reasonable under the circumstance…
24-6315 Eric St. George v. City of Lakewood, Colorado, et al. Tenth Circuit 2025-01-15 Denied IFP clearly-established-law constitutional-rights due-process police-shooting qualified-immunity tenth-circuit In the grant of Qualified Immunity, the Tenth Circuit applied the 2017 vacatur of Pauly I by White v. Pauly, 580 U.S. @ 78 to the 2016 shooting of Mr.…
24A226 Corey Cunningham, on Behalf of Kodi Gaines, a Minor v. Baltimore County, Maryland, et al. Maryland 2024-08-30 Presumed Complete clearly-established-law constitutional-rights due-process excessive-force qualified-immunity section-1983 Question not identified.
24A55 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-07-17 Presumed Complete clearly-established-law fourth-amendment qualified-immunity reasonable-efforts search-warrant wrong-house-raid Does an officer violate clearly established law when he executes a search warrant at the wrong house without ascertaining the address or conspicuous f…
24A42 Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. Eleventh Circuit 2024-07-15 Presumed Complete clearly-established-law constitutional-claim federal-statute habeas-corpus state-court writ-of-certiorari Question not identified.
23-1297 Michael Roane v. Tina Ray Fourth Circuit 2024-06-12 Denied clearly-established-law fourth-amendment fourth-amendment-seizure objective-reasonableness personal-property qualified-immunity self-defense summary-judgment unreasonable-seizure 1. Whether Roane's act had to be the "necessary" or "unavoidable" act, rather than within a range of objective reasonableness, to be considered an act…
23A1056 George Stephenson, Warden v. Lafayette Deshawn Upshaw Sixth Circuit 2024-05-28 Denied aedpa clearly-established-law habeas-corpus plurality-opinion sixth-circuit state-court-review Question not identified.
23-991 City of Long Beach, New York, et al. v. Ricky Joshua Benny Second Circuit 2024-03-11 Denied Response Waived circuit-court civil-rights clearly-established-law due-process excessive-force law-enforcement police-conduct qualified-immunity 1. Whether the Second Circuit departed from this Court's precedents, none of which it cited or discussed, when it concluded that two police officers r…
23-6912 Samuel Fields v. Laura Plappert, Warden Sixth Circuit 2024-03-06 Rehearing Relisted (10)IFP aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards Does this Court's rule requiring that a verdict be based only on the evidence presented in the courtroom at trial satisfy 28 U.S.C. § 2254(d)(1)'s "cl…
23-846 City of Sparks, Nevada, et al. v. Rosa Ester Brizuela, Individually and as Special Administrator of the Estate of Rolando Antonio Brizuela, et al. Ninth Circuit 2024-02-06 Denied Response RequestedResponse WaivedRelisted (2) circuit-split clearly-established-law community-areas community-owned-areas curtilage multi-family-dwelling multifamily-dwelling ninth-circuit precedent 1. Did the Ninth Circuit err by holding that the community-owned areas in front of a multifamily dwelling constituted curtilage, contrary to its own p…
23-695 Samantha Taczak, et al. v. Nicolette Cremeans, et al. Sixth Circuit 2023-12-27 Denied civil-rights clearly-established-law constitutional-rights due-process fourteenth-amendment qualified-immunity section-1983 state-court state-court-precedent u.s-constitution This case arises from a question this Court has repeatedly declined to answer over the last four decades: what sources of law constitute "controlling …
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest 1. Did the Sixth Circuit err in denying qualified immunity to four police officers involved in a warrantless arrest and detention in the absence of cl…
23-6292 Ray O. Crowell, Jr. v. Mark R. Sevier, Warden Seventh Circuit 2023-12-18 Denied Response WaivedRelisted (2)IFP circuit-court civil-rights clearly-established-law counsel-claim due-process federal-habeas ineffective-assistance post-conviction standard-of-review strickland strickland-standard Whether the State court's resolution of Crowell's ineffective assistance of counsel claim for bail at a capital offense preliminary hearing under 42 U…
23-447 Jeremy Johnson v. Andre D. Boyd Fifth Circuit 2023-10-27 Denied Response Waived circuit-court-precedent civil-rights clearly-established-law constitutional-rights fifth-circuit legal-standard qualified-immunity split-second-use-of-force use-of-force I. Whether circuit court precedent can clearly establish the law for the purpose of qualified immunity analysis, and, if so, under what circumstances …
23A357 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-10-20 Presumed Complete adverse-employment-action clearly-established-law first-amendment peer-review qualified-immunity section-1983 Question not identified.
23-5819 Jason Green v. Warren L. Montgomery, Warden Ninth Circuit 2023-10-17 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law due-process forum-shopping habeas-corpus judicial-fairness lockyer-v-andrade ninth-circuit-review panetti-v-quarterman prosecutorial-misconduct When the prosecutor got an adverse evidentiary ruling, he dismissed and refiled the same day in a different courthouse, ensuring that a different judg…
23-377 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-10-11 Denied circuit-court-precedent clearly-established-law excessive-force fourth-amendment ninth-circuit police-conduct qualified-immunity supreme-court-precedent The meaning of "clearly established" for qualified immunity purposes is not, itself, clearly established. There is a split among this Court's preceden…
23-274 William Felkner v. John Nazarian, et al. Rhode Island 2023-09-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights clearly-established-law first-amendment free-speech legal-standard policy qualified-immunity section-1983 supreme-court Whether the judge-made "clearly established law" qualified immunity standard, which lacks textual, historical, and logical support, and which does not…
23A255 Denise Fisher v. Jodi M. Moore, et al. Fifth Circuit 2023-09-20 Presumed Complete clearly-established-law deliberate-indifference fourteenth-amendment qualified-immunity section-1983 state-created-danger-doctrine Whether the state-created danger doctrine was "clearly established" when ten circuits unanimously recognized the doctrine, and whether the doctrine sh…
23A160 Brian Williams, Warden, et al. v. Reynaldo Agavo Ninth Circuit 2023-08-22 Presumed Complete attorney-misconduct clearly-established-law confrontation-clause equitable-tolling habeas-corpus section-2254 1. This case raises important questions of federal law involving (1) principles of equitable tolling, and (2) application of this Court's jurisprudenc…
23-5051 Andrew Valles v. Merrick B. Garland, Attorney General, et al. Tenth Circuit 2023-07-06 Denied Response WaivedIFP civil-procedure civil-rights clearly-established-law constitutional-law due-process federal-review first-amendment habeas-corpus separation-of-powers standing state-court-adjudication 1. Daes the resont of 28 u.s.c.31ais (bl4) - a safety-valve created by congress - succomb entirely to and find defeat in 8191slg) -a seeming deterent …
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…
22-756 Lannette Linthicum, et al. v. Robin Wayne Smith Fifth Circuit 2023-02-10 Denied Response RequestedRelisted (2) civil-procedure civil-rights clearly-established-law constitutional-rights due-process fifth-circuit medical-needs qualified-immunity standing summary-judgment summary-reversal 1. Whether the Fifth Circuit manifestly departed from this Court's precedent by holding that authority that postdates the defendant's alleged acts can…
22-728 Daniel Cameron Wilkey, et al. v. William Eugene Klaver Sixth Circuit 2023-02-03 Denied Response Waived civil-rights clearly-established-law clearly-established-right fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-suspicion traffic-stop 1. This Court has repeatedly instructed the lower courts that in determining whether a right is clearly established for purposes of qualified immunity…
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…
22-6396 John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-12-27 Denied IFP appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact John Edward Sansing pleaded guilty to first-degree murder and other felonies with no agreements offered by the state. During the sentencing proceeding…
22-223 County of Riverside, California, et al. v. Estate of Clemente Najera-Aguirre, et al. Ninth Circuit 2022-09-12 Denied Amici (1) 9th-circuit clearly-established-law constitutional-rights deadly-force excessive-force law-enforcement ninth-circuit particularized-consideration qualified-immunity use-of-force 1. Did the Ninth Circuit's panel decision denying qualified immunity contravene this Court's mandate that courts should not hold officers to a standar…
21-7774 Brandon Leon Bibbs v. Alex Villanueva, Sheriff, Los Angeles County, California Ninth Circuit 2022-05-04 Denied IFP civil-rights clearly-established-law constitutional-and-statutory-provisions constitutional-review due-process federal-review habeas-corpus jurisdiction reasons-for-granting-the-writ standing state-court-adjudication Question not identified.
21-1403 Travis Morse, Individually and in His Official Capacity as a Police Officer for the Town of Orono, Maine, et al. v. Christopher French First Circuit 2022-05-02 Denied Response RequestedResponse WaivedRelisted (3) circuit-court civil-rights clearly-established-law constitutional-rights due-process knock-and-talk law-enforcement qualified-immunity warrant-requirement 1. Did the First Circuit depart from this Court's qualified immunity precedent by defining clearly established law at a high level of generality and f…
21-7341 Jerry Fruit v. United States Third Circuit 2022-03-11 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law direct-appeal fourth-amendment full-and-fair-litigation habeas-corpus stone-v-powell trial-litigation Whather habeas corpus petitioners •• who received a decision contrary to clearly established federal law on their Fourth Amendment claim at trial and …
21-6880 In Re Allen Fitzgerald Calton 2022-01-18 Denied IFP civil-rights clearly-established-law due-process federal-courts federal-review habeas-corpus standing state-prisoner successive-petition successive-petitions unreasonable-application Whether on ZaWwidual Cire Surge of the US. Ceork Of Ageeals Was ociainal Hebbeas Compus Worishidhoa over a second of Suceassve heloeas Pelion. Filed L…
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…
21-6536 In Re Michael Robert Everett 2021-12-07 Denied IFP 5th-amendment civil-rights clearly-established-law due-process evidence federal-habeas-corpus ineffective-assistance post-conviction-relief state-court-record suppression-hearing unreasonable-determination (1) Were Counsel was Ineffective when Failed to Present to the Court During Suppression Hearing than the Petitioner Teks Mamanba Nataeig Watngr when I…
21-789 Casey Benton v. Mary Bradley, as Administrator of the Estate of Troy Robinson, et al. Eleventh Circuit 2021-11-29 Denied clearly-established-law constitutional-rights deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity taser-deployment tennessee-v-garner The issue in this case is whether a police officer who deployed a taser to stop a fleeing person on top of an eight-foot wall is entitled to qualified…
21-533 Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro Ninth Circuit 2021-10-12 Denied Amici (1) clearly-established-law fourth-amendment k9-deployment law-enforcement qualified-immunity reasonable-force totality-of-circumstances use-of-force violent-crime 1. When a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed t…
21-314 Ed Reynolds, et al. v. Karri Dalton, as Personal Representative of the Estate of Nikki Bascom, and Next Friend to M. B., a Minor Child and A. C.. a Minor Child Tenth Circuit 2021-08-31 Denied Response Waived 10th-circuit civil-rights clearly-established-law constitutional-rights domestic-violence equal-protection police-duty police-protection qualified-immunity Question not identified. section-1983 21-313" section-1983 21-313" I. Did the Tenth Circuit err in denying Petitioners qualified immunity on Dalton's Equal Protection claim where it was not clearly established that po…
21-5460 Joe Michael Luna v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-24 Denied IFP 28-usc-2254 circuit-split clearly-established-law federal-law federal-review habeas-corpus habeas-review state-court-decision statutory-interpretation wilson-v-sellers Under 28 U.S.C. § 2254(d)(1) and Wilson v. Sellers, 138 S. Ct. 1188 (2018), is a habeas court's review of a state court decision limited to an analysi…
20-1613 John Wayne Collins v. James David Green, Warden Sixth Circuit 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) aedpa aedpa-deference clearly-established-law criminal-joinder federal-constitutional-claim federal-constitutional-rights habeas-corpus standard-of-review state-court-proceedings state-supreme-court unreasonable-application 1. Whether de novo review instead of deferential review under AEDPA applies where a state supreme court's analysis was not conducted deliberately as a…
20-1592 Caitlin McCann, et al. v. Sheila Garcia, et al. Ninth Circuit 2021-05-17 Denied Response RequestedRelisted (2) circuit-split civil-procedure civil-rights clearly-established-law constitutional-rights due-process legal-principles precedent qualified-immunity social-workers standing 1. Whether a plaintiff satisfies the "clearly established law" prong of qualified immunity by identifying prior authority that articulates general leg…
20-1324 Charles McManemy v. Bruce Tierney, et al. Eighth Circuit 2021-03-23 Dismissed Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights clearly-established-law due-process eighth-circuit excessive-force fourth-amendment law-enforcement-conduct qualified-immunity standing I. A split exists within the Eighth Circuit concerning how narrowly or broadly existing precedent is to be applied in finding clearly established law …
20-1276 Stephen B. McKinney v. Felicia Harkness Dean, Guardian and Conservator for and on Behalf of Janel Harkness, an Incapacitated Adult Fourth Circuit 2021-03-15 Denied circuit-court-of-appeals clearly-established-law deliberate-indifference due-process intent-to-harm parratt-hudson parratt-hudson-doctrine qualified-immunity substantive-due-process 1. Did the Circuit Court of Appeals err in failing to apply the Parratt-Hudson doctrine to the Respondent's substantive due process claim? 2. Did the…
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…
20-6768 Quentin Watson v. Darrel Vannoy, Warden Fifth Circuit 2021-01-04 Denied Response WaivedIFP appellate-review civil-procedure civil-rights clearly-established-law district-court due-process federal-jurisdiction fifth-circuit judicial-procedure legal-evaluation petition-review standing Whether the United States District Court, Eastern District of Louisiana and Fifth Circuit Court of Appeals mis-applied clearly established law in eval…
20-872 Shane Davis v. Mike Carroll, et al. Eleventh Circuit 2020-12-31 Denied 42-usc-1983 civil-procedure civil-rights clearly-established-law constitutional-rights due-process factual-reasonableness judicial-interpretation legal-standard qualified-immunity Though unstated in 42 U.S.C. § 1983 or the common law, qualified immunity doctrine sets forth a two-prong test for claims of qualified immunity: (i) w…
20-811 Kathy Contreras, on Behalf of Her Minor Child A. L. v. Dona Ana County Board of County Commissioners, dba Dona Ana County Detention Center, et al. Tenth Circuit 2020-12-15 Denied civil-rights clearly-established-law constitutional-rights deliberate-indifference due-process monell-claim monell-claims qualified-immunity section-1983 1. Whether this Court should resolve the confusion in the circuit courts about what constitutes "clearly established" law with a clear rule and guidan…
20-6419 Romell Broom v. Tim Shoop, Warden Sixth Circuit 2020-11-24 Dismissed IFP clearly-established-law constitutional-interpretation cruel-and-unusual-punishment eighth-amendment execution-attempt habeas-corpus robinson-v-california section-2254 sentencing supreme-court-precedent trop-v-dulles Is Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) the clearly established United States Supreme Court precedent, for purposes of 28 U.S.C.…
20-6146 Douglas Harrie Stewart v. Cathleen Stoddard, Warden Sixth Circuit 2020-10-28 Denied Response WaivedIFP aedpa antiterrorism-and-death-penalty-act-of-1996 clearly-established-law due-process estelle-v-mcguire evidence-prejudice fourteenth-amendment lisenba-v-people-of-state-of-california payne-v-tennessee trial-fairness Whether the rule of law espoused by Payne v. Tennessee, 501 U.S. 808 (1991), Lisenba v. People of State of California, 314 U.S. 219 (1941), and Estell…
20-498 Sonia Garcia, et vir v. Wesley Blevins, et al. Fifth Circuit 2020-10-16 Denied Response Waived 4th-amendment civil-rights clearly-established-law constitutional-rights deadly-force fourth-amendment qualified-immunity stare-decisis unpublished-decisions unpublished-opinions 1. The United States Court of Appeals for the Fifth Circuit granted qualified immunity reasoning facts demonstrating that a person shot and killed by …
20-202 Robert Massie v. Basilea Mena Ninth Circuit 2020-08-21 Denied Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established-law detention excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force (1) Under the particular facts and circumstances of this case, did the Ninth Circuit err in finding that Massie's actions constitute an excessive use …
20-182 Rita Stanback, et al. v. Ginny Humphrey, as Parent and Legal Guardian of Minor Child, O. H., et al. Sixth Circuit 2020-08-19 Denied civil-rights clearly-established-law due-process law-enforcement police-investigation qualified-immunity sexual-misconduct sixth-circuit supervisory-liability takings Whether the Sixth Circuit contradicted a fundamental principle of this Court's qualified immunity precedent when it denied qualified immunity to Petit…
20-83 Jacob Jones, et al. v. Wayne Duke Kalbaugh Tenth Circuit 2020-07-29 Denied Response RequestedRelisted (2) civil-rights clearly-established-law excessive-force fourth-amendment law-enforcement objective-reasonableness police-conduct qualified-immunity tenth-circuit I. Did the Tenth Circuit improperly focus on the knowledge and intentions of the suspect, rather than the facts knowable to the officers, in reversing…
20-5092 Sebastian Cortez-Hernandez v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-07-16 Denied IFP appellate-jurisdiction civil-rights clearly-established-law constitutional-interpretation due-process federal-law ineffective-assistance-of-counsel judicial-review legal-procedure statutory-construction supreme-court X,\Nf(\e,46e.r 4(\e. ra(lwc> Adu aLma. C-£>a<*t (5 C^feixrf^ €-S$-Gic\i>Cf S'GxeC^ VclW T'e.VfOG r&s vA -Vfi<L 0^$°_ SS^V^-3 5M.p ,<'0'r>e-^-O{i rf. …
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…
19-1042 Euince J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer v. Kaufman County, Texas, et al. Fifth Circuit 2020-02-21 Denied Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights civil-rights-act clearly-established-law constitutional-rights due-process excessive-force fifth-circuit law-enforcement qualified-immunity 1. According to the Fifth Circuit, a reasonable juror could conclude that it was clearly unreasonable for a law-enforcement officer to fire multiple b…
19-956 Donald E. Craig, et al. v. Janet Turner O'Kelley, Individually and as Personal Representative of the Estate of John Harley Turner, et al. Eleventh Circuit 2020-01-30 Denied Amici (1) civil-procedure civil-rights clearly-established-law due-process government-officers harlow-standard harlow-v-fitzgerald moore-v-pederson panel-decision qualified-immunity timing-circumstance 1. Whether a panel decision decided nine days before the relevant conduct in question constitutes clearly established law to deprive government office…
19-7192 Keith Edward Walker v. Ronda Pash, Warden Eighth Circuit 2020-01-07 Denied IFP 28-usc-2254 appellate-review civil-procedure civil-rights clearly-established-law due-process equal-protection federal-jurisdiction federal-review finality-of-judgment habeas-corpus standing state-court-decision statute-of-limitations DOES THE READING OF 28 U.S.C. § 2244(A) CREATE AMBIGUITY IN 28 U.S.C. § 2244(D)(A) READ IN PART "A ONE YEAR PERIOD OF LIMITATION SHALL APPLY TO AN APP…
19-753 Michael Hunter, et al. v. Randy Cole, et al. Fifth Circuit 2019-12-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (7) civil-rights clearly-established-law deadly-force deadly-weapon due-process dynamic-encounter excessive-force fourteenth-amendment fourth-amendment police-use-of-force qualified-immunity shooting-encounter use-of-force I. If the barrel of a gun is not yet pointed directly at an officer, does clearly established federal law prohibit police officers from firing to stop…
19-657 Virgil Brewer v. Kristina Myers Tenth Circuit 2019-11-21 Denied Response Waived civil-procedure civil-rights clearly-established-law constitutional-rights due-process excessive-force graham-factors law-enforcement police-use-of-force qualified-immunity summary-judgment use-of-force While conducting a house-to-house search for a suspect who had threatened people in a bar with a shotgun after being thrown out of that bar for fighti…
19-263 Cody Ross v. Johnnie Rochell, Jr. Eighth Circuit 2019-08-28 Denied 4th-amendment 8th-circuit assault-weapon civil-rights clearly-established-law constitutional-violation eighth-circuit excessive-force kisela-v-hughes law-enforcement qualified-immunity use-of-force 1. Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, U.S. , 138 S. Ct. 1148 (2018) (per curiam) and numerous other cases b…
19-215 Darrel Conell Nevels v. Piggly Wiggly Corporation, et al. Alabama 2019-08-20 Denied Response WaivedRelisted (2) civil-rights clearly-established-law due-process gross-negligence interlocutory-appeal jurisdiction premises-liability qualified-immunity 1. In qualified liability cases, Supreme court prece dent shows an Appellate court has Jurisdiction to hear a Rights to Due Process, Gross Negligence,…
19-5438 Jimmy Fletcher Meders v. Benjamin Ford, Warden Eleventh Circuit 2019-08-02 Denied IFP 28-usc-2254 anti-flyspecking-rule circuit-court-procedure clearly-established-law eleventh-circuit federal-court-deference federal-review habeas habeas-corpus habeas-corpus-review section-2254 standard-of-review state-court-decision state-court-deference wilson-v-sellers 1. Whether the Eleventh Circuit's adherence to its self-styled "no-grading-papers, anti-flyspecking rule" for the application of 28 U.S.C. § 2254(d) i…
19-155 Lenard Johnson v. Megan Winfrey Fifth Circuit 2019-08-01 Denied civil-rights clearly-established-law constitutional-rights due-process fourth-amendment franks-v-delaware immunity-analysis law-enforcement qualified-immunity When a claim is brought under Franks v. Delaware, does the Fourth Amendment alone fully define the dimensions of a law enforcement officer's qualified…
19-76 Martin Marquardt, Deputy Sheriff v. William Fletcher Ninth Circuit 2019-07-15 Denied circuit-precedent civil-rights clearly-established-law due-process excessive-force ninth-circuit pretrial-detainee qualified-immunity use-of-force 1. Whether the U.S. Court of Appeals for the Ninth Circuit correctly held that Petitioner does not have qualified immunity on the ground that "[t]he l…
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…
18-9314 Randall Pierce v. Stuart Sherman, Warden Ninth Circuit 2019-05-16 Denied Response WaivedIFP access-to-courts civil-procedure clearly-established-law criminal-procedure due-process habeas-corpus ninth-circuit pleadings pro-se pro-se-pleadings sentencing-information standing supreme-court 1) Was the District Court Judge's Illiberal Construction of the Pro Se Pleadings a Denial of Access to the Courts? 2) Does a State Court Fail to Unre…
18-1357 Randy Cummings, et al. v. Celina Bussey, et al. Tenth Circuit 2019-04-29 Denied Response Waived 42-usc-1983 clearly-established-law discretionary-function federal-court-interpretation federal-court-review ministerial-exception property-rights qualified-immunity state-law state-law-interpretation state-supreme-court-precedent statutory-interpretation 1. Whether a federal court interpreting a state statute can conclude that it grants the state agency discretion such that the "ministerial exception" …
18-8977 Scott E. Schmidt v. Brian Foster, Warden Seventh Circuit 2019-04-24 Denied IFP 28-usc-2254 circuit-court-procedure clearly-established-federal-law clearly-established-law federal-habeas federal-review habeas-corpus statutory-interpretation summary-reversal supreme-court-review unreasonable-application wilson-v-sellers 1. Whether this Court should summarily reverse or, at a minimum, grant certiorari, vacate, and remand in light of Wilson v. Sellers, 138 S. Ct. 1188 (…
18-1326 Justin Shultz, et al. v. Jason Cole Third Circuit 2019-04-19 Denied Response Waived civil-rights clearly-established-law due-process first-amendment individual-assessment law-enforcement legal-standard police-conduct qualified-immunity retaliation summary-judgment 1. When multiple police officers seek qualified immunity on a summary judgment motion, should their entitlement to qualified immunity be evaluated ind…
18-8434 Leif Halvorsen v. DeEdra Hart, Warden Sixth Circuit 2019-03-14 Denied IFP amendment-of-habeas-petition clearly-established-law darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct white-v-woodall I. Does the Sixth Circuit's ruling that a lack of Supreme Court case law dealing with a specific type of improper prosecution closing argument means n…
18-8283 Terry A. Burlison v. Pam Angus, Individually and in Her Official Capacity as a Marion County, Florida Court Deputy Clerk Eleventh Circuit 2019-03-05 Denied IFP 42-usc-1983 absolute-immunity civil-rights clearly-established-law due-process immunity official-liability pre-seizure-conduct property-loss property-rights section-1983 seizure Under 42 U.S.C. 1983 when a public official violates clearly established law though her pre-seizure conduct and the conduct caused the loss of propert…
18-7157 Cody Wayne Mayfield v. Jimmy Martin, Warden Tenth Circuit 2018-12-20 Denied IFP clearly-established-law deferential-review due-process estelle-v-mcguire federal-claim federal-law habeas-corpus standard-of-review state-court state-court-adjudication supreme-court-precedent unreasonable-application Whether deferential treatment is given when a state court's adjudication of a federal claim is not merely unreasonable, but too involved an incorrect …
18-695 Christopher Chung, et al. v. Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, et al. Ninth Circuit 2018-11-27 Denied Amici (1) civil-rights clearly-established-law community-caretaking due-process excessive-force law-enforcement ninth-circuit qualified-immunity reasonableness use-of-force 1. Whether the Ninth Circuit erred in denying the officers qualified immunity by defining clearly established law at too high a level of generality ra…
18-6845 Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-11-27 Denied Response RequestedResponse WaivedRelisted (2)IFP clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity The Petitioner, Edward Mitchell, was convicted of murder and sentenced to life imprisonment by a state trial court in 2001 based on testimony that, al…
18-6492 Pascual Rentas v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-10-29 Denied Response WaivedIFP certificate-of-appealability clearly-established-law due-process eleventh-circuit giglio giglio-standard habeas-corpus habeas-petition ineffective-assistance-of-counsel standard-of-review strickland strickland-standard supreme-court-law supreme-court-precedent I SHOULD THE DENIAL OF MR. RENTAS' COA BE REVERSED AND RECONSIDERED DUE TO THE RECENT RULING BY THIS COURT IN MARION WILSON V. ERIC SELLERS, WARDEN 58…
18-110 Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV Eighth Circuit 2018-07-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…