official-capacity

21 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-337 City of Huntington Beach, California, et al. v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2025-09-23 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) constitutional-structure first-amendment government-powers local-government official-capacity state-law 1. Whether the Constitution categorically denies a local government any capacity to invoke it against its State, without first determining—by refere…
25-5487 Joseph W. Wade v. Walter T. Mosley, New York Secretary of State, et al. Second Circuit 2025-08-27 Denied Response WaivedRelisted (2)IFP article-iii-standing compensatory-relief official-capacity race-conscious section-1983 sex-conscious 1) Under 42 U.S.C. § 1983, against state officials in 'official capacity, ' does Article III standing require proof that the final outcome of a 'discr…
25-122 David Alan Carmichael, et al. v. Marco Rubio, Secretary of State, et al. District of Columbia 2025-07-31 Denied Response Waived damages-liability due-process free-exercise official-capacity religious-freedom right-to-travel Does the "appropriate relief ' of the Religious Freedom Restoration Act allow for damages liability, or nominal damages where other damages cannot b…
24-5654 Vincent L. Hepburn v. United States Tenth Circuit 2024-09-27 Denied Response WaivedIFP damages-claim establishment-clause federal-tort-claims-act first-amendment official-capacity religious-freedom 1. Where federal employees acting in their official capacity violate 76 OK Stat § 1 and the First Amendment's Establishment Clause by harming Mr. Hepb…
23-1302 Kevin Hardaway v. Dwight Hamilton, et al. Eleventh Circuit 2024-06-13 Denied 42-usc-1983 eighth-amendment eighth-amendment-rights eleventh-amendment-immunity monell-claim monell-v-department-of-social-services official-capacity section-1983 use-of-force This is a Section 1983 case, based on Eighth Amendment violations stemming from the DeKalb County, Georgia Sheriff's Office's custom and policy of per…
23-1070 In Re Palani Karupaiyan 2024-04-01 Denied Response Waived administrative-law administrative-procedure civil-procedure civil-rights due-process government-liability jurisdictional-challenge mandamus multi-party-litigation official-capacity standing writ-of-prohibition Petitioners ' prayed over 16 reliefs which were as Writ of Mandamus or Prohibition or alternative so the questions were part of three test condition r…
23-5816 Henry Jo Ward v. West Virginia West Virginia 2023-10-17 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme C…
22-178 Robert R. Cushing, Individually and in His Capacity as the Minority Leader of the New Hampshire House of Representatives, et al. v. Sherman Packard, Speaker of the House of the New Hampshire House of Representatives First Circuit 2022-08-29 Denied Response Waived ada circuit-split civil-rights legislative-immunity official-capacity rehabilitation-act What is the scope of the "extraordinary character" exception to legislative immunity? Does legislative immunity insulate state legislatures and/or le…
21-1138 Sherry Treppa, et al. v. George Hengle, et al. Fourth Circuit 2022-02-16 Denied arbitration-agreement arbitration-clause choice-of-law delegation-clause official-capacity sovereign-immunity state-law tribal-government tribal-officials 1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a "delegation clause") based on the court's i…
21-5417 Alfred E. Caraffa v. Tempe Police Department, et al. Ninth Circuit 2021-08-20 Denied IFP civil-rights due-process official-capacity pleading-standards qualified-immunity standing I Address the Arizona District court's Refusal to trial iN CCSC No.2:I9-CV-O5492-PHx-MTL-ESW) when IrAppendix B pg-2of8 pt. It states Plainti f has cl…
20-7848 Astarte Davis v. Joseph Wilson, Individually and in His Official Capacity as Judge, Superior Court of California, Marin County, et al. Ninth Circuit 2021-04-26 Denied IFP 5th-amendment civil-rights color-of-law constitutional-rights due-process extrinsic-fraud individual-capacity judicial-jurisdiction non-judicial-acts official-capacity 1. Is non-judicial conduct/actions/decisions by judges and clerk in their official capacity under color of law, and in their individual capacity for n…
20-7760 John Worthington v. Office of National Drug Control Policy, et al. District of Columbia 2021-04-14 Denied Response WaivedIFP administrative-procedure-act agency-action civil-procedure docket-management final-agency-action level-playing-field local-rule-7b official-capacity summons-and-complaint tort-claim tort-claims trial-court-arguments 1. Whether the trial court erred by failing to apply local rule 7(b), the local "docket management tool", to keep a "level playing field." 2. Whether…
20-941 Gregory Atkins, et al. v. Kenneth Williams, Medical Director, Tennessee Department of Correction Sixth Circuit 2021-01-13 Denied 8th-amendment cruel-and-unusual-punishment deliberate-indifference eighth-amendment injunctive-relief lack-of-funds official-capacity prison-conditions subjective-component The Eighth Amendment prohibits cruel and unusual punishments, including deliberate indifference to a convicted prisoner's serious medical needs and ot…
20-84 Teresita A. Canuto v. Troy Alexander, et al. District of Columbia 2020-07-28 Denied Response Waived acting-official civil-procedure due-process foreign-sovereign-immunities foreign-sovereign-immunities-act immunity-doctrine individual-liability jurisdictional-challenge official-capacity standing statutory-interpretation 1. Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1604 extends to an individual for acts taken i…
19-1122 Hong Tang v. University of Baltimore, et al. Fourth Circuit 2020-03-13 Denied civil-procedure civil-rights declaratory-injunctive-relief declaratory-relief due-process eleventh-amendment ex-parte-young jurisdictional-grounds official-capacity pro-se-litigant service-of-process sovereign-immunity standing 1. Whether the lower courts should have liberally construed the pro se litigant's claims against the state officials' offices (the University of Balti…
19-971 Angela James, et al. v. JW Gaming Development, LLC, a California Limited Liability Company Ninth Circuit 2020-02-03 Denied Response Waived civil-rights congress federal-courts individual-liability legal-standing official-capacity sovereign-immunity state-courts tribal-governance tribal-sovereignty Whether an Indian tribe's governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capaci…
19-736 Andrew Clarke v. Russell R. McMurray, Commissioner, Georgia Department of Transportation Eleventh Circuit 2019-12-10 Denied Response Waived civil-procedure civil-rights civil-suit due-process government-official individual-capacity legal-standing official-capacity pleading-defect sovereign-immunity standing state-immunity Government officials may be sued in their individual capacity. Such a suit does not represent a suit against the government entity for which he is ass…
18A1228 Kalev Mutond, et al. v. Darryl Lewis District of Columbia 2019-05-29 Presumed Complete diplomatic-immunity foreign-official-immunity human-rights individual-capacity official-capacity torture-victim-protection-act Question not identified.
18-1056 Mitzi Johanknecht, Sheriff, King County, Washington v. Eva Moore, et al. Ninth Circuit 2019-02-12 Denied civil-procedure civil-rights due-process eleventh-amendment ex-parte-young monell municipal-liability official-capacity prospective-relief section-1983 separation-of-powers standing state-court-orders Whether Ex parte Young establishes a novel and unprecedented judge-made cause of action, separate from § 1983, that can be used through an official ca…
18-544 Teresita A. Canuto v. Department of Defense, et al. District of Columbia 2018-10-25 Denied Response Waived 28-usc-1604 28-usc-1605 acting-official foreign-sovereign-immunities foreign-sovereign-immunities-act foreign-sovereign-immunity foreign-state government-liability individual-capacity individual-liability official-capacity service-of-process sovereign-immunity state-immunity statutory-interpretation subject-matter-jurisdiction Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1604 extends to an individual for acts taken in t…
18-10 Stephen J. Anderson, et ux. v. Gary L. Rainsdon, Chapter 7 Trustee Ninth Circuit 2018-07-02 Denied appeal-time-limits appeals bankruptcy-procedure bankruptcy-trustee chapter-7-bankruptcy civil-procedure federal-jurisdiction federal-rules-of-appellate-procedure official-capacity standing statutory-interpretation time-to-appeal united-states-officer Whether a Chapter 7 Bankruptcy Trustee is "a United States officer or employee sued in an official capacity" for the purposes of Fed. R. App. 4(a)(1)(…