clearly-established-law

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-991 Samantha Lee-Ann Sealey v. Arturo Mancias, et al. Fifth Circuit 2026-02-19 Pending 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 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 Presumed Complete 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 Dismissed 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…