qualified-immunity

692 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-1015 Nicholas Robles, West Covina Police Officer, et al. v. Ronnie Parham Ninth Circuit 2026-02-24 Pending 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 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…
25-985 Evan Norman v. Deputy Lee Ingle, et al. Fifth Circuit 2026-02-19 Pending appellate-jurisdiction genuine-issue-of-fact interlocutory-appeal qualified-immunity summary-judgment video-evidence In an interlocutory qualified immunity appeal involving video evidence, under what circumstances, if any, may an appellate court review a district cou…
25-981 Kyler Newby v. Gabriel J. Bassford Ninth Circuit 2026-02-19 Pending Response Waived false-arrest first-amendment fourth-amendment probable-cause qualified-immunity retaliatory-arrest The question presented is whether a police officer is entitled to qualified immunity from a retaliatory arrest claim when the officer could have reaso…
25-960 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2026-02-13 Pending corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity 1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg…
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…
25-933 Daniel N. Arbeeny, as the Administrator for the Estate of Norman Arbeeny, et al. v. Andrew M. Cuomo, former Governor of New York, et al. Second Circuit 2026-02-06 Pending administrative-law constitutional-rights covid-directive nursing-home-deaths qualified-immunity state-actors 1. How could the Second Circuit have reasonably concluded that the State Respondents Governor Cuomo and Ms. DeRosa, his Chief of Staff, could not have…
25A859 Ulysses Lee Feagin v. Mansfield Police Department, et al. Sixth Circuit 2026-01-30 Application excessive-force party-presentation qualified-immunity sixth-circuit summary-judgment taser-use Question not identified.
25-859 Chelesy Eastep, as Surviving Spouse and Next of Kin of Landon Dwayne Eastep v. Steven Carrick, et al. Sixth Circuit 2026-01-20 Pending Response Waived deadly-force excessive-force fourth-amendment graham-v-connor qualified-immunity reasonableness-standard 1. Whether or how police officers' own creation of, or contribution to, a dangerous situation prior to the use of deadly force factors into the Fourth…
25-6625 Roman V. Serpik v. Jill Weedon, former Judge, Second Judicial District Court of Oklahoma, et al. Tenth Circuit 2026-01-20 Pending IFP access-to-courts due-process judicial-bias jurisdictional-threshold qualified-immunity sovereign-citizen 1. Did the Tenth Circuit Court of Appeals err by failing to address threshold State v. 'Roman Serpik LLC CROMAN SERPIK "), Beckham County Okla. Distri…
25-838 Joseph Heid v. Mark Rutkoski, et al. Eleventh Circuit 2026-01-15 Pending Response Waived brady-violation civil-rights evidence-suppression excessive-force franks-challenge qualified-immunity 1. Whether Petitioner Heid's two grounds for challenging the arresting officers' defense of qualified immunity defense constitute a valid "Franks chal…
25-826 Lesly Pompy v. Lieutenant Marc Moore, MANTIS, et al. Sixth Circuit 2026-01-13 Pending Response Waived bivens-action constitutional-tort fourth-amendment home-entry qualified-immunity warrantless-search 1. Bivens and the Fourth Amendment— Whether a warrantless, post-warrant home entry—conducted hours after the original warrant was executed and without…
25A769 Jeffrey L. Clemens v. W. Michael Stewart, et al. First Circuit 2026-01-05 Application civil-rights clerk-magistrate harm-to-party nondiscretionary-actions qualified-immunity section-1983 Question not identified.
25-760 Hamdi A. Mohamud v. Heather Weyker, St. Paul Police Officer Eighth Circuit 2025-12-29 Pending Amici (2)Response Waived bivens-action cross-deputization fourth-amendment law-enforcement qualified-immunity section-1983 state-action state-action-doctrine 1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983. 2. If no…
25-738 Nick Kosmalski v. Sherrell King Sixth Circuit 2025-12-22 Denied Response Waived excessive-force fourth-amendment handcuffing qualified-immunity reasonableness-standard traffic-stop Whether the Sixth Circuit's three-factor tight handcuffing test, a brightline rule as stated and as applied in this case to deny qualified immunity, f…
25A696 Samantha Lee-Ann Sealey v. Arturo Mancias, et al. Fifth Circuit 2025-12-15 Application bodyworn-camera excessive-force fourth-amendment qualified-immunity seizure use-of-force Question not identified.
25-688 Veronica W. Ogunsula v. Michael Warrenfeltz Fourth Circuit 2025-12-12 Denied law-enforcement pro-se-litigation probable-cause qualified-immunity reasonable-suspicion traffic-violation 1. Does a police officer observing an undisputed legal act(s) or something that is not illegal, without more, provide probable cause or a reasonable i…
25-6325 Steven R. DeWitt v. Ceressa Haney, et al. Eleventh Circuit 2025-12-09 Denied Response WaivedIFP 42-U.S.C.-§-1983 clearly-established-right constitutional-rights first-amendment government-official-recording qualified-immunity 1. Should the Court abolish or substantially reform qualified immunity? 2. If qualified immunity survives, what constitutes a clearly established rig…
25A677 Evan Norman v. Lee Ingle, et al. Fifth Circuit 2025-12-09 Application appellate-review excessive-force qualified-immunity scott-v-harris summary-judgment video-evidence 1. This case presents an important question dividing the circuits: Whether an appellate court has jurisdiction under Johnson v. Jones, 515 U.S. 304 (1…
25-662 Erika Mabes, Individually and on Behalf of L. M., J. R. M., and J. A. M., Minor Children, et al. v. Shannon Thompson, et al. Seventh Circuit 2025-12-08 Denied Response WaivedRelisted (2) child-protection civil-rights constitutional-violation investigative-errors qualified-immunity section-1983 This section 1983 civil rights case arises from the devastating consequences of medical and investigative errors in a child protection proceeding. Aft…
25A661 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2025-12-04 Application communicable-disease covid-19 deliberate-indifference eighth-amendment prison-conditions qualified-immunity Question not identified.
25-637 Mark Hanneman, Minneapolis Police Officer, et al. v. Karen Wells, as Co-Trustee for the Next of Kin of Amir Rahkare Locke, et al. Eighth Circuit 2025-12-03 Denied Amici (2)Response Waived appellate-jurisdiction deadly-force fourth-amendment no-knock-warrant qualified-immunity use-of-force 1. When the Respondents' own factual allegations, the facts assumed by the courts, and the undisputedly authentic video footage, show the officer was …
25-623 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-12-02 Denied community-caretaking constitutional-seizure fourth-amendment law-enforcement mental-health-detention qualified-immunity Under the 4th Amendment, a warrantless emergency mental health detention constitutes a physical seizure. Police often misconstrue ordinary street enco…
25A618 Antonio M. Smith v. John Kind, et al. Seventh Circuit 2025-11-25 Application constitutional-violation deliberate-indifference eighth-amendment excessive-force prison-conditions qualified-immunity 1. This case presents a significant question of law—namely, what circumstances must exist for the "obvious violation" doctrine to preclude application…
25-6224 Latoya K. Benton, Administrator of the Estate of Xzavier D. Hill, Deceased v. Seth W. Layton, Individually and in His Official Capacity as a State Trooper for the State of Virginia, et al. Fourth Circuit 2025-11-24 Denied Response WaivedIFP excessive-force fourth-amendment police-conduct qualified-immunity racial-bias summary-judgment 1. Whether the Fourth Amendment requires courts to apply a holistic, totality-of-the-circumstances analysis to excessive force claims, including all p…
25-604 Drew Craig, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-24 Pending Response RequestedResponse WaivedRelisted (2) civil-rights de-novo-review excessive-force fourth-amendment law-enforcement qualified-immunity This case involves an attempt by several law enforcement officers to detain and arrest Respondents' decedent Jeffery Krueger on July 1, 2019. On that …
25-594 Elizabeth Crockett, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-21 Pending Response RequestedResponse WaivedRelisted (2) clearly-established-right excessive-force fourth-amendment law-enforcement qualified-immunity reasonable-officer On the evening of July 1, 2019, Wagoner County Lieutenant Elizabeth Crockett and Deputy Matthew Lott responded to a call from deputies requesting assi…
25-572 James Stuart Faller, II v. Department of Justice, et al. Sixth Circuit 2025-11-13 Denied Response Waived absolute-immunity due-process equal-protection judicial-bias pro-se-litigant qualified-immunity 1. Whether persistent and categorical judicial bias and procedural disregard toward pro se litigants, resulting in dismissal despite detailed factual …
25-564 Scott Meyer v. Gayla Rahn, et al. Eighth Circuit 2025-11-12 Denied Response Waived constitutional-rights due-process judicial-discretion qualified-immunity second-amendment sovereign-immunity 1. Whether the grant of the motion to dismiss was an abuse of discretion, not based upon the undisputed facts presented, and supported by only the e…
25-6032 Thomas E. Nidiffer, et al. v. Officer David Lovato, et al. Tenth Circuit 2025-11-05 Denied IFP curtilage fourth-amendment knock-and-talk law-enforcement qualified-immunity warrant 1. Whether a locked gate surrounding the curtilage of a home clearly revokes the implied social license for law enforcement officers to enter the pro…
25-538 City of Los Angeles, California, et al. v. Estate of Daniel Hernandez, By and Through Successors in Interest, Manuel Hernandez, Maria Hernandez, and M. L. H., et al. Ninth Circuit 2025-11-03 Pending Amici (1)Response RequestedResponse WaivedRelisted (2) body-camera excessive-force fourth-amendment moment-of-threat police-shooting qualified-immunity This case arises from a split-second police encounter in which an officer fired six shots in six seconds at a suspect armed with a knife who appeared …
25-532 Diana Snow, et al. v. Dennis Wiertella, as Father and Administrator of the Estate of Randy Wiertella, Deceased Sixth Circuit 2025-10-31 Denied constitutional-rights deliberate-indifference medical-care prison-liability qualified-immunity subjective-awareness 1. Did the Sixth Circuit depart from this Court's decision in Farmer v. Brennan, 511 U.S. 825 (1994) in denying qualified immunity to Petitioners, des…
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 …
25-427 Walid Abdelaziz, in His Individual Capacity as a Police Officer for the City of Oakland, California, et al. v. Estate of Decedent Lolomania Soakai, et al. Ninth Circuit 2025-10-08 Pending Amici (1)Response RequestedRelisted (3) due-process fourteenth-amendment police-liability qualified-immunity state-created-danger substantive-due-process 1. Whether bystanders injured when a fleeing criminal suspect lost control of his car and crashed into them have a Fourteenth Amendment substantive du…
25A401 Steven R. DeWitt v. Ceressa Haney, et al. Eleventh Circuit 2025-10-07 Application constitutional-rights first-amendment government-office public-officials qualified-immunity recording-rights Question not identified.
25-403 Kenneth D. Anderson, et al. v. Crystal Estrada, Deputy, et al. Fifth Circuit 2025-10-03 Denied Response Waived constitutional-violation excessive-force fifth-circuit graham-factors qualified-immunity rule-12b6 The Fourth Amendment requires courts to evaluate excessive force claims based on the totality of the circumstances by sloshing through a "factbound mo…
25-378 Donald Olsen v. Aaron Salter Sixth Circuit 2025-09-30 Denied Amici (1) brady-violation exculpatory-evidence fair-trial-rights identification-procedure qualified-immunity section-1983 The Circuit Courts of Appeals are in conflict on the question of whether and when a police officer may be held liable under 42 U.S.C. § 1983 for a v…
25A295 Lesly Pompy v. Lt. Marc Moore, MANTIS, et al. Sixth Circuit 2025-09-15 Application bivens-remedy fourth-amendment joint-task-force qualified-immunity warrantless-search westfall-act 1. Bivens / Fourth Amendment: Whether, after Egbert v. Boule, 596 U.S. 482 (2022), a Bivens remedy remains available for warrantless searches and seiz…
25-297 Jacob P. Zorn v. Shela M. Linton Second Circuit 2025-09-15 Pending Response RequestedResponse WaivedRelisted (8) civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity specificity Whether the Second Circuit's qualified immunity analysis conflicts with this Court's repeated instruction that courts must define rights with specific…
25A292 Larce Spikes v. Lesley Wheat, et al. Fifth Circuit 2025-09-12 Presumed Complete constitutional-minimum deliberate-indifference eighth-amendment medical-care prisoner-rights qualified-immunity 1. This case presents an important question of federal law to resolve: in order to overcome qualified immunity and proceed on a claim of deliberate in…
25-277 Aden Rusfeldt v. Officer Cristian Morar, et al. Third Circuit 2025-09-10 Denied Response Waived fighting-words first-amendment free-speech heckler's-veto public-forum qualified-immunity Under the First Amendment, street preachers and counter-protesters can speak in front of a crowd but not to a crowd, or to any person therein, or else…
25-267 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-09-09 Denied Amici (2) constitutional-rights excessive-force law-enforcement qualified-immunity reasonableness-standard summary-judgment 1. In a case alleging that an officer used excessive force based on a mistake of fact, is the reasonableness of the officer's mistake a legal question…
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…
25-186 Alejandro Estevis v. Ignacio Cantu, et al. Fifth Circuit 2025-08-15 Denied Response Waived civil-rights excessive-force fourth-amendment police-shooting qualified-immunity use-of-force Whether Officers Ignacio Cantu and Eduardo Guajardo should be denied qualified immunity before trial for shooting six times at Alejandro Estevis while…
25-179 Officer Phillip Reinink, in His Individual and Official Capacity v. Sean Hart, et al. Sixth Circuit 2025-08-14 Pending Response RequestedResponse WaivedRelisted (4) excessive-force fourth-amendment law-enforcement qualified-immunity seizure use-of-force 1. In the Fourth Amendment reasonableness of a seizure context, whether a law enforcement officer's intended level of force is relevant to determining…
25A119 Donald Olsen v. Aaron Salter Sixth Circuit 2025-07-29 Presumed Complete constitutional-rights due-process eyewitness-testimony law-enforcement qualified-immunity show-up-identification Question not identified.
25-102 Jayne Swinford v. Officer Joshua Santos, et al. Eleventh Circuit 2025-07-25 Denied Response Waived civil-rights due-process jury-trial procedural-rules qualified-immunity seventh-amendment 1. Seventh Amendment and Due Process: Whether the lower courts violated the Seventh Amendment's guarantee of a jury trial and the Fifth Amendment's D…
25-71 Matthew Farney, et al. v. Michael Rose, as Personal Representative for the Estate of Bradley Rose and on Behalf of all Statutory Beneficiaries of Bradley Rose, Deceased Ninth Circuit 2025-07-21 Denied Response RequestedResponse WaivedRelisted (2) deadly-force excessive-force fourth-amendment police-encounter qualified-immunity summary-judgment 1. This Court has never applied the obvious case exception to qualified immunity's second prong in the Fourth Amendment context. Although the Court ha…
25A41 Mathew Grashorn v. Wendy Love, et al. Tenth Circuit 2025-07-10 Presumed Complete civil-rights domestic-disturbance excessive-force law-enforcement qualified-immunity use-of-force Question not identified.
25-29 Priscilla Villarreal v. Isidro R. Alaniz, et al. Fifth Circuit 2025-07-09 Pending Amici (11)Response RequestedResponse WaivedRelisted (6) arrest-without-cause civil-rights first-amendment free-speech government-officials qualified-immunity 1. Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they v…
25A3 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-07-01 Presumed Complete deadly-force excessive-force fourth-amendment qualified-immunity reasonable-officer second-amendment Question not identified.
24-1310 David Engstrom, et al. v. James W. Denby Ninth Circuit 2025-06-25 Denied Response RequestedRelisted (2) constitutional-rights excessive-force fourth-amendment property-damage qualified-immunity warrant-execution 1a. Three Officers executing a warrant used various degrees of force on a third party's residence in an effort to safely remove an admittedly dangerou…
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…
24-1214 Jared Cosper, in His Individual Capacity, et al. v. Perla Enriquez Baca, as Personal Representative of Amelia Baca, Deceased Tenth Circuit 2025-05-29 Denied Response RequestedResponse WaivedRelisted (2) deadly-force edged-weapon excessive-force qualified-immunity tenth-circuit use-of-force 1. Whether the Tenth Circuit may establish a bright line rule for an officer's use of deadly force against a suspect armed with an edged weapon as in …
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Question not identified.
24-1124 Christopher Thomas v. Tracy Pachote Ninth Circuit 2025-05-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) fourth-amendment officer-assistance qualified-immunity split-second-decision supreme-court-precedent use-of-force This petition poses important, but unresolved, questions of federal law regarding whether the Fourth Amendment permits an officer to use force based o…
24-1099 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-04-22 Pending Amici (2)Response RequestedResponse WaivedRelisted (14) bodily-pressure fourth-amendment law-enforcement qualified-immunity restraint use-of-force 1. Viewing the facts from the officers' perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressu…
24-1091 Christopher Kiely, et al. v. Sherene Fagon, Administrator of the Estate of Zoe Dowdell Second Circuit 2025-04-18 Denied Response Waived interlocutory-appeal jurisdiction qualified-immunity second-circuit trial-court undisputed-facts 1. Whether the Second Circuit Court of Appeals erred in declining to exercise jurisdiction over Defendants' interlocutory appeal of the trial courts d…
24-1079 Geoffrey Gray, et al. v. Washington State Department of Transportation, et al. Ninth Circuit 2025-04-16 Denied Response Waived appellate-review civil-procedure ex-parte-young injunctive-relief qualified-immunity sovereign-immunity 1. Should this Court grant certiorari to correct the error of the Court of Appeals below, where the Court of Appeals, contrary to binding authority of…
24-1067 John Wetzel, et al. v. Roy L. Williams Third Circuit 2025-04-09 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights death-row eighth-amendment mental-illness qualified-immunity solitary-confinement Was it clearly established for qualified immunity purposes that long-term solitary confinement for a death-row inmate with a mental illness violated t…
24-1051 Michael Nissen v. Javier Ambler, Sr., Individually and on Behalf of All Wrongful Death Beneficiaries of Javier Ambler, II, the Estate of Javier Ambler, II, and as Next Friend of J. R. A., minor child, et al. Fifth Circuit 2025-04-04 Denied Amici (2)Response Waived deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force After a crash filled 20-minute high-speed car chase— caught on video by police helicopter—Javier Ambler II died while resisting being handcuffed due …
24-1050 Estate of Te’Juan Johnson v. Amanda Rakes, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the Minor Children G. C. and M. C. Seventh Circuit 2025-04-04 Denied Amici (1)Response RequestedRelisted (2) constitutional-rights due-process fourteenth-amendment police-duty qualified-immunity state-created-danger Faced with a Section 1983 substantive due process claim under a "state-created danger" exception to the general rule that there is no constitutional d…
24-1047 Ethel "Laverne" McVae, Individually and on Behalf of the Estate of Marcus McVae, Deceased, et al. v. Jesse Perez Fifth Circuit 2025-04-03 Denied Response Waived deadly-force fourth-amendment law-enforcement qualified-immunity totality-of-circumstances use-of-force Nearly four decades ago, this Court drew a constitutional line: law enforcement may not use deadly force against an unarmed, fleeing suspect who poses…
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…
24-980 William Jones, Jr., Individually and in His Official Capacity as a Police Officer for the Los Angeles Police Department v. Ymelda Elena, et al. Ninth Circuit 2025-03-12 Denied Response Waived excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment 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 …
24-919 Mike Miller v. Dillon Rock Ninth Circuit 2025-02-26 Denied Response RequestedRelisted (2) excessive-force fourth-amendment law-enforcement police-canine qualified-immunity use-of-force 1. Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in d…
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…
24-891 Warren Balogh v. Chief Al Thomas, Jr., et al. Fourth Circuit 2025-02-19 Denied Response Waived civil-rights first-amendment government-violence monell-liability qualified-immunity speech-rights Whether the First Amendment protects speech amid violence left deliberately unchecked by the local government because such violence serves as useful p…
24-887 Johnny Moats, Sheriff, Polk County, Georgia, et al. v. Stephen Jarrard Eleventh Circuit 2025-02-19 Denied first-amendment jail-ministry pickering-garcetti-framework qualified-immunity unbridled-discretion volunteer-religious-work 1. Whether the Court's Pickering-Garcetti framework applies to a First Amendment claim by an applicant for volunteer religious work in a local jail's …
24-886 Christopher Schurr v. Peter Lyoya, Personal Representative for the Estate of Patrick Lyoya, Deceased Sixth Circuit 2025-02-18 Denied Amici (1)Response Waived deadly-force law-enforcement pleading-stage qualified-immunity summary-judgment video-evidence 1. Whether Scott v. Harris permits courts to resolve qualified immunity at the pleading stage based on objective video evidence that demonstrates the …
24-837 Anne Francisco, et al. v. Jason England, et al. Eighth Circuit 2025-02-05 Denied Response Waived corrections-staff deliberate-indifference eighth-amendment mental-health qualified-immunity suicide-watch The Eighth Amendment prohibits prison guards from intentionally denying or delaying access to medical care. Respondents failed to immediately start su…
24-823 Benjamin Benfer v. City of Baytown, Texas, et al. Fifth Circuit 2025-02-03 Denied Response Waived circuit-split due-process excessive-force fourth-amendment police-force qualified-immunity 1. Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarm…
24A752 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-01-31 Presumed Complete civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Question not identified.
24A735 Latrisha Winder, as Next Friend of J. W., a Minor and as Personal Representative of the Estate of Stephen Wayne Winder, Deceased, et al. v. Joshua M. Gallardo, et al. Fifth Circuit 2025-01-27 Presumed Complete excessive-force fourth-amendment high-speed-pursuit qualified-immunity seizure use-of-force a. Whether the Court should reexamine and overrule its precedent on qualified immunity in civil actions under 42 U.S.C. § 1983 (Appendix A at 6) in li…
24A693 Estate of Te’Juan Johnson v. Amanda Rakes, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the Minor Children G. C. and M. C. Seventh Circuit 2025-01-15 Presumed Complete deadline-extension petition-extension qualified-immunity substantive-due-process supreme-court writ-of-certiorari Question not identified.
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.…
24-673 Randal M. Hall v. Travis Trochessett, et al. Fifth Circuit 2024-12-20 Denied arrest-basis circuit-split first-amendment interference-statute qualified-immunity speech-protection 1. Whether the First Amendment can countenance an arrest based on a husband's advice to his wife to take a clearly non-criminal action. 2. Whether th…
24-6187 Joe Willie Cannon v. Michael Dehner, et al. Eighth Circuit 2024-12-20 Denied Response WaivedIFP appellate-review district-court factual-findings interlocutory-appeal qualified-immunity section-1983 In actions brought pursuant to 42 U.S.C. § 1983, it is well-established that interlocutory review of a denied motion for summary judgment can only be …
24-648 Officer Layau Eulizier v. Jose Vega-Colon, Individually and as Administrator of the Estate of Anthony Vega-Cruz, et al. Second Circuit 2024-12-16 Denied Response Waived appellate-review constitutional-violation law-enforcement material-facts objectively-reasonable-officer qualified-immunity 1. Whether a court can deny qualified immunity when there are no material disputed issues of fact and all the United States Supreme Court and Circuit …
24-618 Erin Wade, et al. v. City of Houston, Texas, et al. Fifth Circuit 2024-12-05 Denied civil-rights fifth-circuit first-amendment mass-arrests pleading-standards qualified-immunity 1. Whether this Court should correct the Fifth Circuit's departure from the accepted and usual course of judicial proceedings by selectively eliminati…
24-573 Coleman County, Texas v. Patsy K. Cope, et al. Fifth Circuit 2024-11-22 Denied Response Waived bell-v-wolfish detainee-suicide fifth-circuit monell-standard municipal-liability qualified-immunity 1. Does a Bell v. Wolfish conditions-of-confinement claim for detainee suicide allow a plaintiff to bypass the traditional Monell test for imposing li…
24-570 Mary Dawes, Individually and as Administrator of the Estate of Decedent Genevive A. Dawes, et al. v. City of Dallas, Texas, et al. Fifth Circuit 2024-11-21 Denied Response RequestedResponse WaivedRelisted (7) body-camera-evidence officer-testimony qualified-immunity section-1983 summary-judgment use-of-deadly-force In a qualified immunity determination on summary judgment, did the officer's testimony that he subjectively believed there was a danger justifying the…
24A506 Marc M. Susselman v. Washtenaw County Sheriff's Office, et al. Sixth Circuit 2024-11-21 Presumed Complete civil-rights constitutional-violations law-enforcement municipal-liability qualified-immunity sixth-circuit Question not identified.
24-538 Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al. Eleventh Circuit 2024-11-13 Denied civil-rights interlocutory-appeal law-enforcement qualified-immunity section-1983 summary-judgment After a police officer fatally shot Jonathan Victor, Victor's estate sued the officer and his supervisor, Sherriff Huey Mack, under 42 U.S.C. § 1983. …
24-5917 Myrna De Jesus v. Dignity Health Corporation Ninth Circuit 2024-11-05 Denied Relisted (2)IFP actual-malice defamation private-citizen publication qualified-immunity slander-per-se Whether the concepts of actual malice and excessive publication are required elements of defamation slander per se for a private citizen to prove that…
24-504 Joseph M. Hoskins v. Jared Withers, et al. Tenth Circuit 2024-11-04 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-retaliation due-process first-amendment law-enforcement qualified-immunity 1. Whether qualified immunity shields government officials from liability even in cases where they retaliate against a person for exercising a clearly…
24-5856 Anthony Shane Martin v. Erin Gaffney, et al. Fourth Circuit 2024-10-29 Denied Response WaivedIFP civil-rights due-process first-amendment qualified-immunity section-1983 summary-judgment Did the lower courts error in ruling to dismiss plaintiffs ' case(s) numbered above on grounds of error of law and misapplied rulings of the courts :1…
24-473 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-10-29 Denied Amici (2)Relisted (4) circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity search-warrant Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the addr…
24-463 Marta Sanchez, et al. v. Anthony Guzman, et al. Tenth Circuit 2024-10-24 Denied affirmative-defense burden-of-proof civil-rights governmental-defendants legal-standard qualified-immunity Whether a civil rights plaintiff bears the burden of disproving the affirmative defense of qualified immunity for governmental defendants or whether g…
24-406 Matthew Hunady v. Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased Eleventh Circuit 2024-10-11 Denied Response Waived circuit-court deadly-force interlocutory-review law-enforcement qualified-immunity standard-of-review Whether the Eleventh Circuit's decision that relied on the district court's use of a reasonable jury standard in a case arising from a law enforcement…
24-383 For Our Rights, Inc., et al. v. David Y. Ige Ninth Circuit 2024-10-04 Denied Response Waived 42-U.S.C.-§-1983 constitutional-rights due-process emergency-powers qualified-immunity state-law-restrictions In 2020, it was clearly established that Americans had constitutional rights to liberty, to work, and to travel, among others. Moreover, it was clearl…
24-378 Muzafar Babakr v. Jacob T. Fowles, et al. Tenth Circuit 2024-10-02 Denied Response Waived burden-shifting civil-procedure excusable-neglect pioneer-factors qualified-immunity summary-judgment Under Federal Rules of Civil Procedure, a moving party is allowed an out-of-time filing if they establish excusable neglect. Fed. R. Civ. P. 6(b)(1)(B…
24A311 Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al. Eleventh Circuit 2024-10-01 Denied common-law-immunity excessive-force failure-to-train qualified-immunity reconstruction-era-law section-1983 1. This § 1983 case raises two serious questions related to the doctrine of qualified immunity. The case arises from the shooting death of Jonathan Vi…
24-266 Calisia Kelley and Johnnie Mae Kelley, Co-Administrators of the Estate of Bruce Kelley, Jr. v. Brian O'Malley and Dominic Rivotti, in Their Individual Capacities as Police Officers for the Allegheny County Port Authority Third Circuit 2024-09-09 Denied Response Waived deadly-force factual-context graham-connor qualified-immunity tolan-cotton use-of-force I. In this deadly force case, the Third Circuit removed altogether from its definition of the 'specific factual context' of this case the Autopsy Repo…
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.
24-230 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-08-29 Denied Response Waived bodily-integrity fourth-amendment government-employment medical-testing mootness qualified-immunity On August 6, 2021, New Jersey Supreme Court Justice Stuart Rabner and Judge Glenn Grant, in their administrative capacities as the heads of the New Je…
24-5416 Christopher Dominguez v. United States Tenth Circuit 2024-08-29 Denied Response WaivedIFP circuit-split constitutional-rights excessive-force law-enforcement qualified-immunity use-of-force Question not identified.
24-193 Yoel Weisshaus v. Steve Coy Teichelman, et al. Fifth Circuit 2024-08-21 Denied Response Waived civil-rights constitutional-rights law-enforcement material-fact qualified-immunity summary-judgment 1. In Tolan, involving qualified immunity, the Court held, "Summary judgment is appropriate only if the movant shows that there is no genuine issue as…
24-173 Malcolm Johnson, et al. v. Tina Kotek, Governor of Oregon, et al. Ninth Circuit 2024-08-16 Denied Amici (4)Response WaivedRelisted (2) due-process emergency-use-authorization experimental-vaccine fourteenth-amendment informed-consent qualified-immunity The well-established law is that medical experimentation on humans cannot be performed without informed consent, or with any degree of duress or coerc…
24-172 Marques A. Johnson v. James Dunn Eleventh Circuit 2024-08-16 Denied Response Waived arrest circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity 1. Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide ide…
24-152 Michael Pina v. Estate of Jacob Dominguez Ninth Circuit 2024-08-15 Denied Response RequestedResponse WaivedRelisted (5) armed-robbery excessive-force fourth-amendment investigative-stop police-use-of-force qualified-immunity San Jose police stopped decedent Jacob Dominguez, who was wanted for armed robbery, after tailing the ordered Dominguez to put his hands up. Dominguez…
24A166 Tidera Harris v. Gregory Harvey Eleventh Circuit 2024-08-12 Denied deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Question not identified.
24A140 Christopher Harry West v. Mark Emig, et al. Third Circuit 2024-08-07 Presumed Complete cruel-and-unusual eighth-amendment mattress-removal mental-health prisoner-rights qualified-immunity Question not identified.
24-5247 Eric Cruz v. Officer Domingo Cervantez Fifth Circuit 2024-08-06 Denied Response WaivedIFP 14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act (I) Did the U S District courts ,failure to allow relevant evidence into trial proceeding violate ,Brady Rule of Evidence under Brad ■Out.iv v Maryl…
24-132 Mark Bambach, et al. v. Gina Moegle, et al. Sixth Circuit 2024-08-06 Denied Response Waived civil-procedure-jurisdiction constitutional-rights due-process johnson-v-jones jurisdiction qualified-immunity section-1983 summary-judgment tolan-v-cotton Whether a Court fails to follow the law, is a legal question. Whether a Court's holding expands jurisdiction is a matter of law. Where the only issue …
24-130 Desiree Martinez v. Channon High Ninth Circuit 2024-08-06 Denied Amici (2) circuit-split civil-rights constitutional-violation domestic-violence due-process fair-warning police-conduct police-liability qualified-immunity Whether an officer can be fairly warned about the unconstitutionality of her conduct even when the facts of previous cases are not materially identica…
24-117 Todd Berman v. Pennsylvania Higher Education Assistance Agency, dba Fedloan Servicing Fourth Circuit 2024-08-02 Denied Response Waived affirmative-defense circuit-conflict federal-contractor federal-contractor-liability government-instructions merits-trial qualified-immunity sovereign-immunity Whether derivative sovereign immunity is an affirmative defense to be proven on the merits at trial. Whether the court of appeals erred in holding th…
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and assuming that the customary practice of lower courts that apply that rule is correct: a. Whether pro…
24-73 Sherry L. Burt, et al. v. Jimmie Leon Gordon Sixth Circuit 2024-07-25 Denied Response RequestedResponse WaivedRelisted (4) constitutional-rights covid-19 pandemic-response precedent prison-conditions prison-officials qualified-immunity sixth-circuit Did the Sixth Circuit improperly deny qualified immunity to prison officials based on their response to the unprecedented COVID-19 global pandemic by …
24A74 Curtrina Martin, Individually and as Parent and Next Friend of G.W., a Minor, et al. v. United States, et al. Eleventh Circuit 2024-07-22 Presumed Complete discretionary-function federal-tort-claims-act fourth-amendment qualified-immunity search-warrant supremacy-clause First, does the FTCA's discretionary function exception immunize the United States from liability for torts committed by its law enforcement officers …
24A59 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-07-17 Presumed Complete constitutional-search covid-19 fourth-amendment government-mandate medical-testing qualified-immunity This case presents important constitutional questions concerning whether weekly government mandated medical testing of public workers violates the wor…
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…
24-5056 Tyrone Stafford v. Arnold S. Zwicke, Executive Sheriff, Guadalupe County, Texas, et al. Fifth Circuit 2024-07-11 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement malicious-prosecution police-misconduct qualified-immunity use-of-force Does sitting with hands on steering wheel constitute the use of force that allows for officers to grab your neck and choke you in 2022, when the arres…
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…
24A4 Joseph M. Hoskins v. Jared Withers, et al. Tenth Circuit 2024-07-03 Presumed Complete civil-rights constitutional-rights first-amendment law-enforcement qualified-immunity retaliation Whether, in a retaliation case, to overcome qualified immunity a plaintiff need only establish that the right retaliated against was clearly establish…
24A3 Darnell Anderson v. Aaron Fuson, et al. Sixth Circuit 2024-07-03 Presumed Complete Bivens eighth-amendment excessive-force federal-tort prisoner-rights qualified-immunity Question not identified.
23-1374 Keyvon Sellers v. Jerry Nelson, as Personal Representative of the Estate of Eddie Lee Nelson, Jr., Deceased, et al. Eleventh Circuit 2024-07-02 Denied Amici (2) civil-rights constitutional-duty deliberate-indifference due-process equal-protection jail-intake procedural-guideposts procedure qualified-immunity racial-segregation (1) Whether a jail intake officer with no responsibility for classification or cell assignments nevertheless had a clearly established constitutiona…
23-1367 Pamela Quinlan v. Joseph P. Lopinto, III, Sheriff, Jefferson Parish, Louisiana, et al. Fifth Circuit 2024-07-02 Denied civil-rights due-process fair-warning fifth-circuit malicious-prosecution qualified-immunity section-1983 thompson-v-clark Whether the United States Fifth Circuit cases of Guerra v. Castillo, 22-40196 (5th Cir. Sep 7, 2023) and Wallace v. Taylor, 22-20342 (5th Cir. Apr 24,…
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 …
23-7770 Jerry A. Smith v. John Galipeau Seventh Circuit 2024-06-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law due-process excessive-force judicial-review legal-procedure qualified-immunity standing statutory-interpretation Question not identified.
23-7723 Barbara Martin v. New Jersey New Jersey 2024-06-14 Denied IFP change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering 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…
23-1282 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-06-07 Denied Amici (3)Relisted (2) buckley-v-fitzsimmons circuit-conflict civil-rights due-process evidence-marshaling prosecutorial-immunity qualified-immunity section-1983 1. Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present …
23-1285 Shawn T. Swindell v. Kenneth Bailey Eleventh Circuit 2024-06-07 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity 1. Was it clearly established in 2014 that a law enforcement officer violates the Fourth Amendment when he witnesses a person commit a misdemeanor off…
23-1257 Santos Argueta, et al. v. Derrick S. Jaradi Fifth Circuit 2024-05-31 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) 4th-amendment circuit-split civil-rights deadly-force factual-question qualified-immunity tennessee-v-garner use-of-force In Tennessee v. Garner, 471 U.S. 1 (1985), this Court held that unarmed, nondangerous suspects fleeing officers can't simply be shot. But the decision…
23A1046 Desiree Martinez v. Channon High Ninth Circuit 2024-05-23 Presumed Complete constitutional-rights domestic-violence due-process precedent-interpretation qualified-immunity state-created-danger Are government officials entitled to qualified immunity in cases not involving time-pressured decisions so long as there is no prior precedent recogni…
23-7538 Jose Luis Garcia v. Kyeong Park Ninth Circuit 2024-05-22 Denied Response WaivedIFP appellate-review civil-rights deliberate-indifference due-process judicial-discretion medical-care medical-malpractice qualified-immunity standard-of-care summary-judgment Did the Court of Appeals Erred in Affirming Summary Judgment When There Is Evidence of Deliberate Indifference of Dr* Park?
23-7529 Reginald Andrew Paulk, Sr. v. L. Benson, et al. Eleventh Circuit 2024-05-22 Denied IFP appellate-procedure civil-rights counsel due-process federal-law judicial-review probable-cause qualified-immunity racial-animus sovereign-immunity standard-of-review Did the District Court and the Eleventh Circuit use the incorrect standard to review the issues and thus incorrectly apply the law under Tolau v. Cott…
23-1232 Estate of Allan George, et al. v. City of Rifle, Colorado, et al. Tenth Circuit 2024-05-22 Denied Response Waived circuit-split civil-rights due-process factual-findings interlocutory-appeal jurisdictional-limits qualified-immunity scott-v-harris summary-judgment 1. Whether the Tenth Circuit erred in expanding this Court's decision in Scott v. Harris to swallow the rule of limited jurisdiction on interlocutory …
23-1227 Rachael Eubanks, et al. v. Dennis O'Connor Sixth Circuit 2024-05-21 Denied Response WaivedRelisted (2) abandoned-property civil-procedure civil-rights constitutional-claim due-process property-rights qualified-immunity state-action takings 1. Where the State recovers abandoned property and later returns that property or its equivalent value to the former owner, does the former owner reta…
23A1023 Marques A. Johnson v. Chris Nocco, in His Official Capacity as Sheriff of Pasco County, Florida, et al. Eleventh Circuit 2024-05-17 Presumed Complete fourth-amendment identification law-enforcement passenger-rights qualified-immunity traffic-stop Whether, consistent with the Fourth Amendment, a passenger in a car not suspected of any wrongdoing may be arrested solely for refusing to immediately…
23A1005 Eric Cruz v. Officer Cervantez Fifth Circuit 2024-05-10 Presumed Complete cellmate-violence constitutional-rights deliberate-indifference pretrial-detainee qualified-immunity section-1983 Question not identified.
23-1204 Daniel Kinsinger v. Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-05-09 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) arrestee-rights civil-rights constitutional-violation deliberate-indifference due-process law-enforcement medical-care qualified-immunity summary-reversal 1. Whether the Third Circuit erred in holding that law enforcement officers' decision to transport an arrestee they believed had ingested drugs, but d…
23A996 Yoel Weisshaus v. Steve Coy Teichelman, et al. Fifth Circuit 2024-05-08 Presumed Complete circuit-split constitutional-rights qualified-immunity racial-profiling reasonable-suspicion summary-judgment Question not identified.
23-1197 Damon Landor v. Louisiana Department of Corrections and Public Safety, et al. Fifth Circuit 2024-05-07 Granted CVSGAmici (37)Relisted (3) civil-rights constitutional-law damages government-official-liability individual-capacity-damages qualified-immunity religious-freedom religious-land-use spending-clause statutory-interpretation The question presented is whether an individual may sue a government official in his individual capacity for damages for violations of RLUIPA.
23-1190 Alexsey Predybaylo v. Sacramento County, California, et al. Ninth Circuit 2024-05-03 Denied civil-rights due-process excessive-force municipal-liability pre-trial-detainee qualified-immunity strip-search 1. Is an officer's intentional use of substantial and aggressive force against a pre-trialdetainee in response to mere passive resistance to a strip …
23-1158 Ryan Morrison v. Alvaro Ramos, Individually and in His Official Capacity, et al. Ninth Circuit 2024-04-24 Denied 42-usc-1983 civil-rights fourth-amendment home-privacy privacy-rights qualified-immunity search-and-seizure section-1983 unreasonable-search Whether a federal court deciding a civil rights claim under 42 U.S.C. § 1983 for deprivation of rights can find that the Officers were entitled to qua…
23-1155 Priscilla Villarreal v. Isidro R. Alaniz, et al. Fifth Circuit 2024-04-24 GVR Amici (13)Response RequestedResponse WaivedRelisted (2) arrest-without-cause civil-rights criminal-procedure first-amendment free-speech government-officials news-reporting public-officials qualified-immunity 1. Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they v…
23A951 Keyvon Sellers v. Jerry Nelson, as Personal Representative of the Estate of Eddie Lee Nelson, Jr., Deceased, et al. Eleventh Circuit 2024-04-23 Presumed Complete deliberate-indifference fourteenth-amendment inmate-safety jail-intake qualified-immunity racial-animus Question not identified.
23-7269 Willis Maxi v. United States Eleventh Circuit 2024-04-19 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure Question not identified.
23-1131 Marcus Traylor v. Gideon Yorka Fifth Circuit 2024-04-18 Denied Response Waived circuit-split civil-rights criminal-procedure due-process evidence-fabrication fabrication-of-evidence felony fourteenth-amendment misdemeanor qualified-immunity Respondent is a police officer who fabricated evidence used to bring misdemeanor criminal charges against Petitioner, which were subsequently dismisse…
23-1108 Daril Foose, et al. v. Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-04-11 Denied Response RequestedResponse WaivedRelisted (3) civil-rights constitutional-violation custody drug-toxicity due-process fourteenth-amendment law-enforcement law-enforcement-custody medical-care qualified-immunity Whether the police officers' decision to transport a detainee who they suspected had ingested drugs to a nearby prison where he was evaluated by the p…
23-1102 Timothy Allen Davis, Sr. v. City of Apopka, Florida Eleventh Circuit 2024-04-11 Denied Response Waived civil-rights due-process false-arrest immunity law-enforcement probable-cause qualified-immunity search-and-seizure section-1983 stand-your-ground I. Whether the federal court denied effect to the immunity provision of the state statute when it concluded that the arrest of Mr. Davis was objective…
23A882 Daniel Kinsinger v. Sherelle Thomas, as Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-04-04 Presumed Complete deliberate-indifference drug-toxicity fourteenth-amendment medical-care qualified-immunity section-1983 Whether officers violate the Fourteenth Amendment by transporting an arrestee who denies ingesting drugs, declines medical care, and shows no obvious …
23-7052 Shirron Jozette Gayles-Zanders v. Nevada Nevada 2024-03-21 Denied IFP civil-rights due-process equal-protection federal-jurisdiction qualified-immunity standing Question not identified.
23-7034 Michael Carter v. Megan Hayes, et al. Third Circuit 2024-03-20 Denied IFP 14th-amendment civil-rights constitutional-violation due-process government-employee judicial-misconduct judicial-proceeding qualified-immunity sovereign-immunity witness-immunity Question not identified.
23-1014 Diyonne L. McGraw v. Khanh-Lien Banko, et al. Eleventh Circuit 2024-03-15 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights due-process qualified-immunity separation-of-powers state-officials supremacy-clause Whether the Supremacy Clause and the Separation of Powers doctrine preclude the federal judiciary from relying upon the federal common law defense of …
23-6996 Brian Anderson v. Jeff Long, Warden Tenth Circuit 2024-03-14 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-violation court-order due-process inmate-rights prison-warden qualified-immunity standing state-prisons (1). If a State Prison Warden refuse s to obey a Court Order & refuses to obey the Governor & refuses to obey the Executive Director Of Colorado Pris…
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…
23-6844 In Re Deborah E. Gouch-Onassis 2024-02-28 Denied Relisted (2)IFP 42-usc-1983 civil-rights due-process equal-protection qualified-immunity standing Question not identified.
23-6832 Willie Levens, II v. Louisiana Insurance Guaranty Association, et al. Fifth Circuit 2024-02-26 Denied Response WaivedIFP civil-rights constitutional-rights discrimination due-process equal-protection excessive-force law-enforcement qualified-immunity racial-discrimination standing I. What is the test of Levans Vs (Las pad invites, vi cld-ionkUMMb. rights. 2. kklhir an Off Mil OfFi'air sfill fliiairfto for ..fjjiflliTi'di immunf…
23-915 Pleasant View Baptist Church, et al. v. Andrew Beshear Sixth Circuit 2024-02-23 Denied Response Waived 42-usc-1983 burden-of-proof civil-rights constitutional-rights covid-19-restrictions free-exercise free-exercise-clause qualified-immunity state-actor 1. Whether qualified immunity applies to a state actor who, despite multiple circuit court decisions directing him not to burden religious activities …
23-896 Sean Garnand, et al. v. Greg Moore, et al. Ninth Circuit 2024-02-21 Denied Response Waived appellate-jurisdiction circuit-court civil-procedure civil-rights due-process interlocutory-appeal jurisdiction jurisdictional-limitation legal-question qualified-immunity Can a Circuit Court of Appeals simply elect not to decide purely legal qualified immunity questions over which it has interlocutory appellate jurisdic…
23-872 Josh Patrick v. LaRhonda Dunlap Perez Sixth Circuit 2024-02-14 Denied Response Waived 4th-amendment circuit-split civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity taser taser-use 1. Is there variance among federal judicial circuits regarding how they apply Fourth Amendment law in excessive force cases involving taser use? 2. S…
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest In the aftermath of the 2020 killing of George Floyd, civil unrest broke out across the country, including in Des Moines, Iowa. Mark Nieters, a freela…
23-842 Patricia Polanco, et al. v. Ralph Diaz, et al. Ninth Circuit 2024-02-07 Denied civil-procedure civil-rights constitutional-law due-process government-liability immunity judicial-doctrine law-enforcement legal-standard qualified-immunity standing Whether the Court should reverse or recalibrate the doctrine of qualified immunity.
23-837 Casey Campbell v. Merrick B. Garland, Attorney General, et al. Fifth Circuit 2024-02-05 Denied Response WaivedRelisted (2) de-novo-review federal-employee first-amendment judicial-admissions qualified-immunity religious-discrimination title-vii workplace 1. Are employer statements on religious dis crimination that are included in the complaint and admitted in the answer binding judicial admissions in …
23-738 Leasa Marie Wright v. City of Ponca City, Oklahoma, et al. Tenth Circuit 2024-01-09 Denied civil-rights civil-rights-violation discovery due-process emergency-medical-care medical-negligence municipal-liability qualified-immunity spinal-cord-injury substantive-due-process 1. Is it a violation of substantive due process for state medical personnel to actively and affirmatively inflict injury on a patient? 2. Is it an ob…
23-6414 In Re Joseph Raimondo 2024-01-05 Denied Response WaivedRelisted (2)IFP civil-rights due-process equal-protection fraud-on-court fraud-on-the-court judicial-misconduct obstruction-of-justice qualified-immunity Whether the United State Eastern District of MI Court Errored when granting Respondents in civil cases No. 2:01-cv-71353, and Case No. 2:02-cv-71696, …
23-722 Ralph Diaz, et al. v. Patricia Polanco, et al. Ninth Circuit 2024-01-04 Denied Response Waived 8th-amendment civil-rights constitutional-violation covid-19 due-process ninth-circuit prison-conditions qualified-immunity substantive-due-process Whether the Ninth Circuit improperly denied qualified immunity to prison officials in these cases by defining the relevant law at a high level of gene…
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 …
23-690 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-12-27 Denied 42-usc-1983 adverse-action civil-procedure civil-rights due-process first-amendment free-speech investigation medical-staff qualified-immunity standing This Court has frequently reversed erroneous denials of qualified immunity before trial, especially when lower courts have defined clearly-established…
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 …
23-688 Travis Scott King, By and Through His Guardian ad Litem, Breanna Raymundo, et al. v. DeMichael Dews, et al. Ninth Circuit 2023-12-27 Denied Response Waived bodily-harm civil-rights cruel-and-unusual-punishment eighth-amendment excessive-force hudson-v-mcmillian prisoner-rights qualified-immunity This case arises out of the use of force for seven minutes on Petitioner Travis King by three correc-tional officers that ultimately resulted in King'…
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…
23-664 Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2023-12-20 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 42-U.S.C.-§-1983 civil-rights constitutional-safeguards correspondence correspondence-interception due-process email prisoner-rights qualified-immunity 1. Where the Supreme Court has required that a prisoner is entitled to procedural safeguards if their "correspondence" is intercepted, are respondents…
23-6287 Parnell R. May v. Kawhun Tims, et al. Eighth Circuit 2023-12-18 Denied IFP administrative-law civil-rights constitutional-law due-process excessive-force federal-procedure judicial-review qualified-immunity standing takings Question not identified.
23-649 Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-12-15 Denied Relisted (13) 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Nickie Miller was wrongly incarcerated for two years for a murder he did not commit. The charges were based on a coerced confession from a woman who l…
23-644 City of Charlotte, North Carolina, et al. v. Azucena Zamorano Aleman, Individually and as Administrator of the Estate of Rubin Galindo Chavez Fourth Circuit 2023-12-14 Denied Amici (1) 42-usc-1983 civil-rights constitutional-rights deadly-force fourth-amendment law-enforcement precedent qualified-immunity use-of-force Whether the Fourth Circuit erred in the process it used to find a "clearly established" Fourth Amendment right because it used cases: (1) decided afte…
23-630 James E. Pietrangelo, II v. Christopher T. Sununu, Individually and in His Official Capacity as the Governor of New Hampshire, et al. First Circuit 2023-12-12 Denied Response Waived civil-rights covid-19 covid-19-policy equal-protection qualified-immunity race-discrimination racial-discrimination section-1983 standing standing-doctrine Recently, Justice Thomas remarked how, despite the clear constitutional prohibition against racial classifications, government actors continue to "go …
23-611 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-12-07 Denied civil-rights constitutional-violation due-process excessive-force police-misconduct qualified-immunity standing summary-judgment use-of-force 1. Whether the Court should reverse or recalibrate the doctrine of qualified immunity. 2. Whether the Tenth Circuit correctly decided that the office…
23-587 Mark Jakob, et al. v. Clara Cheeks Eighth Circuit 2023-12-01 Denied civil-rights due-process evading-arrest medical-care police-apprehension qualified-immunity This Court has held, "The Due Process Clause. . . does require the responsible government agency to provide medical care to persons. . . who have been…
23-6132 Chamone Ranell Russell v. Stark County Job and Family Services, et al. Sixth Circuit 2023-11-29 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure UuK-) u^fcLs vd ccofi' aWtfigscL_tflXtoL. sV<A&5 (f APf®S ■} ^, CyA <^kv4 rr^-1 ^e^fVT IjVW U5\V\ ^ (o^ ~ 6>-SL (Y>V 6°tv 1'8' \M>^.jioa^*c^v *> 't
23-572 Dustin Williams, et al. v. Randall McElhaney Sixth Circuit 2023-11-28 Denied circuit-split civil-rights extracurricular-activities first-amendment free-speech parent-speech-rights qualified-immunity school-rules Where a parent who has voluntarily agreed to be bound by team rules for their minor to play in an extracurricular academic setting including rules tha…
23A481 Pleasant View Baptist Church, et al. v. Andrew Beshear Sixth Circuit 2023-11-28 Presumed Complete covid-19-restrictions first-amendment free-exercise hybrid-rights qualified-immunity religious-schools Whether this Court should limit qualified immunity for executive branch officials who have the benefit of deliberative process and legal counsel, part…
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity 1. Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle, 540 U.S.…
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry 1. Under the Fourth Amendment's in-presence requirement, a police officer who conducts a warrantless arrest on a person accused of a misdemeanor, or l…
23-514 Kim Jackson v. Chris Dutra, et al. Ninth Circuit 2023-11-16 Denied civil-procedure civil-rights civil-rights-act constitutional-law due-process judicial-system qualified-immunity standing stare-decisis Whether the Court should reverse or recalibrate the doctrine of qualified immunity.
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…
23-513 Randy Smith, Sheriff, et al. v. Jerry Rogers, Jr. Fifth Circuit 2023-11-15 Denied Response Waived 42-U.S.C.-§-1983 42-usc-1983 civil-rights constitutional-law constitutional-rights discretionary-functions government-officials harlow-v-fitzgerald legal-doctrine qualified-immunity statutory-rights 1. What does it mean for a statutory or constitutional right to be "clearly established," beyond debate for purposes of § 1983 qualified immunity? 2.…
23-5953 Michael Muthee Munywe v. Julie Dier, et al. Ninth Circuit 2023-11-06 Denied IFP 42-usc-1983 civil-liberties civil-rights constitutional-rights due-process equal-protection fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity search-and-seizure Question not identified.
23-459 Mark Sami Ibrahim v. United States District of Columbia 2023-11-01 Denied Response WaivedRelisted (2) administrative-procedure federal-law-enforcement federal-officer interlocutory-appeal law-enforcement-immunity motion-to-dismiss qualified-immunity regulation statute statutory-interpretation Whether DEA Special Agent Mark Sami Ibrahim raised a colorable claim of a legislated immunity in the text of the statute and regulation granting Feder…
23-5931 Donald Lee Kissner v. Joseph Michael Orr, et al. Sixth Circuit 2023-11-01 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity I. Did the Sixth Circuit United States Court of Appeals commit clear error when it affirmed the motion to dismiss? II. Did the Sixth Circuit United S…
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 …
23-433 Joyce Daniels, as the Administrator of the Estate of Mark Daniels, Deceased v. City of Pittsburgh, Pennsylvania, et al. Third Circuit 2023-10-26 Denied 42-usc-1983 civil-rights due-process judicial-procedure law-enforcement qualified-immunity section-1983 summary-judgment unsworn-testimony wrongful-death A police officer, Gino Macioce, shot and killed Mark Daniels. Shortly after the shooting, Officer Macioce was interviewed by other police officers. Of…
23A376 Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2023-10-25 Presumed Complete due-process email-censorship first-amendment prisoner-rights procedural-safeguards qualified-immunity Whether censorship of prisoner emails, without any notice that the emails are being censored, nor any opportunity to challenge the decision before a n…
23A368 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-10-24 Presumed Complete constitutional-rights excessive-force fourth-amendment law-enforcement police-canine qualified-immunity Question not identified.
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.
23-400 Travis Palmer Curran, et al. v. Janet Turner O'Kelley, et al. Eleventh Circuit 2023-10-17 Dismissed Response Waived civil-rights curtilage due-process exigent-circumstances fourth-amendment objective-reasonableness qualified-immunity seizure 1. Whether the Fourth Amendment objective reasonableness standard for exigency, and the availability of qualified immunity itself, remain questions of…
23-385 Clayton R. Hulbert, as Personal Representative of the Estate of Jeffrey W. Hulbert, et al. v. Brian T. Pope Fourth Circuit 2023-10-12 Denied Amici (1)Response WaivedRelisted (2) 1983 civil-rights civil-rights-act first-amendment notwithstanding-clause police-accountability police-activity qualified-immunity section-1983 1. Whether any qualified immunity is abrogated by the Notwithstanding Clause of the Civil Rights Act of 1871, which provides that individuals are liab…
23-387 Taylor Carlisle, Individually and as Representative Member of a Class, et al. v. Joseph P. Lopinto, III, Sheriff, et al. Fifth Circuit 2023-10-12 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights drug-court due-process habeas heck-doctrine over-detention preiser-doctrine qualified-immunity 1. In the absence of judicial proceedings conducted on the record with due process, are the minute entries "orders" and are the sanctions within the c…
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…
23A310 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W.Y. and S.Y. v. Lamont Marzolf, et al. Eighth Circuit 2023-10-10 Presumed Complete dashcam-footage excessive-force qualified-immunity scott-v-harris summary-judgment taser-threat Question not identified.
23-331 James Doe v. Gladys Pisani, et al. Second Circuit 2023-09-29 Denied abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment Whether the Court of Appeals erred in concluding that "arguable probable cause" can support a claim for qualified immunity on summary judgment after t…
23-324 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-09-28 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) bivens circuit-split federal-officers fourth-amendment qualified-immunity search-and-seizure 1. Whether a cause of action exists under Bivens for Fourth Amendment claims against federal officers operating under a different legal mandate than t…
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…
23-276 Dijon Sharpe v. Winterville Police Department, et al. Fourth Circuit 2023-09-21 Denied Amici (1)Relisted (2) civil-rights constitutional-rights first-amendment free-speech law-enforcement-interaction police-accountability police-filming public-recording qualified-immunity This case presents a stark circuit conflict over a nationally important First Amendment question. By 2011, this Court had definitively held that gener…
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…
23-5625 Gale L. Davis v. Chester James Walker, Jr., Father Second Circuit 2023-09-20 Denied IFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Question not identified.
23-259 Lewis County, Kentucky, et al. v. Julie Helphenstine, Administratrix of the Estate of Christopher Dale Helphenstine and Guardian of B. D. H., the Minor Son of Christopher Dale Helphenstine Sixth Circuit 2023-09-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee prison-officials qualified-immunity separation-of-powers Whether a pretrial detainee alleging deliberate indifference must prove the defendant actually knew of a significant risk of harm, as six circuits hav…
23-227 Sarah K. Molina, et al. v. Daniel Book, et al. Eighth Circuit 2023-09-12 Denied Amici (4) circuit-split civil-rights clothing-expression first-amendment free-speech particularized-message police-observation qualified-immunity speech-rights 1. Whether words printed on clothing are pure speech, and thus presumptively entitled to First Amendment protection—as the Fourth, Fifth, and Ninth Ci…
23-5470 Cedric Adams v. Nick Diamond, et al. Sixth Circuit 2023-08-29 Denied Response WaivedIFP 42-usc-1983 civil-rights constitutional-rights due-process excessive-force governmental-tort-liability qualified-immunity standing Should a local government be dismissed from acceptance of claims and the very beginning of a suit with prejudice giving absolute immunity without allo…
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Denied affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Question not identified.
23A133 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-08-15 Presumed Complete bivens-action circuit-split damages-remedy fourth-amendment qualified-immunity warrantless-search 1. Because recognizing a Bivens action "is 'a disfavored judicial activity," it is settled that no Bivens claim may lie where "there is any rational r…
23-93 Kevion Rogers v. Jeffrey Jarrett, et al. Fifth Circuit 2023-08-01 Denied Amici (1)Response Waived civil-rights codification common-law-immunity congressional-intent due-process qualified-immunity section-1983 statutory-interpretation traditional-common-law This Court's qualified-immunity precedent derives from the premise that there is "no evidence that Congress intended to abrogate the traditional commo…
23A94 Michael Boresky v. Jeremy Graber Third Circuit 2023-08-01 Presumed Complete bivens-claim collateral-order-doctrine false-arrest fourth-amendment qualified-immunity separation-of-powers Question not identified.
23-5204 Larry David Davis v. Anna Catherine Cargile, Prosecutor, Pulaski County Prosecutor's Office, et al. Eighth Circuit 2023-07-26 Denied IFP civil-rights constitutional-provisions court-filing criminal-procedure due-process jurisdiction legal-document petition police-misconduct qualified-immunity search-and-seizure statutory-provisions Question not identified.
23A61 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-07-24 Presumed Complete excessive-force law-enforcement qualified-immunity second-story-railing summary-judgment use-of-force Question not identified.
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 …
23-37 Kyle Cardenas v. Josiah Saladen, et al. Ninth Circuit 2023-07-12 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity section-1983 unlawful-arrest Regularizing qualified immunity. In 42 U.S.C. § 1983 excessive-force and unlawful-arrest litigation, should this Court regularize the process for usin…
23-7 Lynn Hamlet v. Officer Hoxie Eleventh Circuit 2023-07-03 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 8th-amendment civil-rights conditions-of-confinement cruel-and-unusual-punishment eighth-amendment prison-conditions procunier-v-navarette qualified-immunity section-1983 I. Whether it is "clearly established" for purposes of qualified immunity that the Eighth Amendment bars a prison official from forcing a person with …
22-7887 Kevin W. Dunigan v. Raybon C. Johnson, Warden, et al. Ninth Circuit 2023-06-28 Denied Response WaivedIFP civil-rights due-process qualified-immunity sovereign-immunity standing takings Question not identified.
22-1223 Gwendolyn D. Gabriel, et al. v. Merry Outlaw, et al. Fifth Circuit 2023-06-20 Denied Response Waived civil-rights constitutional-rights due-process obstruction-of-justice predicate-acts public-corruption qualified-immunity racketeering rico-statute witness-tampering After a Defendant/Respondent committed Fraud and Obstruction of Justice by Perjury, the other (comprised of both Defendant's Attorneys, Plaintiffs' At…
22-7726 Gary Leon Webster v. John Thurston, Arkansas Secretary of State Eighth Circuit 2023-06-07 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
22-1171 James LeBlanc, et al. v. Jessie Crittindon, et al. Fifth Circuit 2023-06-05 Denied Response Waived civil-rights due-process fourteenth-amendment overdetention prisoner-rights qualified-immunity section-1983 state-officials supervisory-liability (1) Do high-ranking state prison officials violate a prisoner's constitutional rights by failing to promulgate policies cajoling independent, locally-…
22-1163 Charles Anthony Dread v. Maryland State Police Fourth Circuit 2023-06-01 Denied Response Waived administrative-hearing civil-procedure constitutional-rights due-process malicious-intention qualified-immunity racial-discrimination summary-judgment (1) Was the Trial Court's denial of the Petitioner's Motion for Summary Judgment and Request for Hearing without granting the Petitioner a Hearing he …
22-1166 D. K. Williams, Warden, et al. v. Rafiq Sabir, et al. Second Circuit 2023-06-01 Dismissed civil-rights constitutional-precedent due-process group-prayer inmate-rights prison-policy qualified-immunity religious-freedom-restoration-act 1. Are RFRA claims exempt from the normally applicable qualified immunity requirement not to define clearly established law at a high level of general…
22-1157 Craig Roper v. De'On Crane, et al. Fifth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights deadly-force excessive-force objective-reasonableness officer-safety police-conduct police-intervention qualified-immunity use-of-force vehicle-stop 1. Whether an objective police officer could have believed it reasonable to shoot a person who had warrants for his arrest, had locked the doors and r…
22-1151 City of Arlington, Texas v. De'On Crane, et al. Fifth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2) arrest-warrant fourth-amendment municipal-liability qualified-immunity reasonable-officer-standard traffic-stop use-of-force whren-v-united-states Rather than submit to arrest pursuant to multiple lawfully issued arrest warrants, a suspect who was pulled over for a traffic violation refused to ex…
22-7614 Lisa A. Biron v. Jody Upton, Warden, et al. Fifth Circuit 2023-05-23 Denied Response RequestedResponse WaivedRelisted (2)IFP christian-faith constitutional-rights federal-inmate first-amendment legitimate-penological-interests prison-regulations qualified-immunity religious-freedom religious-freedom-restoration-act substantial-burden Does the Religious Freedom Restoration Act ("RFRA" ) and its compelling government interest/least restrictive means-test apply to protect a federal …
22-7602 James Franklin Snyder v. Idaho Idaho 2023-05-19 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-protections due-process judicial-review police-misconduct property-seizure qualified-immunity standing state-court-jurisdiction Question not identified.
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…
22-1092 Onoyom Ukpong v. International Leadership of Texas, et al. Fifth Circuit 2023-05-09 Denied employment-discrimination federal-laws final-pretrial-judgment qualified-immunity section-1981 statute-of-limitations summary-judgment supremacy-clause title-vii 1. Did the Fifth Circuit deviate from paramountcy of Supremacy Clause, federal laws and this Court's on-the merits-based final pretrial judgment prece…
22-1062 Hinkle Family Fun Center, LLC, et al. v. Michelle Lujan Grisham, et al. Tenth Circuit 2023-05-02 Denied Response Waived civil-procedure civil-rights due-process government-servitude inverse-condemnation property-rights qualified-immunity section-1983 taking takings This Court has recognized that when state governments require landowners to allow entry of persons on a landowner's property that placement of that se…
22-1041 Kevin Brunner v. Megan Marie McMurry, et al. Fifth Circuit 2023-04-27 Denied Response Waived 4th-amendment child-welfare children civil-rights due-process exigent-circumstances fourth-amendment law-enforcement protective-custody qualified-immunity "[C]ases involving unattended young children inside a home" fall within the exigent circumstances doctrine. Children need adult supervision. This cas…
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit 2023-04-24 Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing 1. Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened. 2.…
22-1005 Cornelius L. Emily, et al. v. Christopher Welters Minnesota 2023-04-17 Denied Amici (1)Response RequestedRelisted (2) 8th-amendment civil-rights constitutional-rights due-process law-enforcement law-generality legal-standard precedent qualified-immunity supreme-court-precedent Did the Minnesota Supreme Court depart from this Court's decisions in City of Tahlequah v. Bond, 142 S. Ct. 9 (2021) (per curiam), Rivas-Villegas v. C…
22-1003 Mucio Ramirez v. Christopher Martin Fifth Circuit 2023-04-14 Denied civil-rights excessive-force fourth-amendment graham-standard graham-v-connor police-brutality police-misconduct qualified-immunity reasonable-force use-of-force No dispute exists that Petitioner was intoxicated when Respondent assaulted him, but the police tried to stop Petitioner for a broken taillight. Petit…
22-959 Gwendolyn Carswell, Individually and as Dependent Administrator of and on Behalf of the Estate of Gary Valdez Lynch, III and Gary Valdez Lynch, III's Heirs at Law v. George A. Camp, et al. Fifth Circuit 2023-04-03 Denied Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights discovery immediate-appeal interlocutory-appeal motion-to-dismiss procedural-law qualified-immunity standing 1. Whether a district court can defer ruling on qualified immunity at the motion-to-dismiss stage without triggering an immediate appeal. 2. Whether …
22-949 Aparna Vashisht-Rota v. Diana Hagen, Justice, Supreme Court of Utah, et al. Utah 2023-03-29 Denied Response Waived civil-procedure civil-rights constitutional-rights due-process forum human-trafficking judicial-misconduct qualified-immunity recusal sexual-harassment standing statute-of-limitations If Mr. Howell's mom knows the Court, is that a fair forum for Petitioner? Should the Speak Out Act result in nationwide expansion of sexual harassmen…
22-933 Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al. Fifth Circuit 2023-03-24 Denied Response Waived 4th-amendment civil-procedure civil-rights excessive-force fourth-amendment police-misconduct qualified-immunity section-1983 unreasonable-force Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer's order to st…
22-7081 Tamir Abdullah v. Texas, et al. Fifth Circuit 2023-03-23 Denied IFP civil-procedure civil-rights constitutional-rights due-process federal-procedure habeas-corpus judicial-jurisdiction qualified-immunity standing 1. Does petitioner have the right to have his patrons heaped and his allegations disputed by Respondents? 2. Should there Bank on £ then Writ -#e7t/ …
22-921 Dan Cherner v. Westchester Jewish Community Services, Inc., et al. Second Circuit 2023-03-21 Denied civil-rights court-appointed court-immunity custody-proceeding due-process family-court forensic-evaluator judicial-immunity qualified-immunity state-action state-actor Are respondents, who were appointed as forensic evaluator in a custody proceeding by the Family Court of the State of New York, by court order which d…
22-848 James Douglas Fox v. Mark Campbell, et ux. Sixth Circuit 2023-03-08 Denied Response RequestedResponse WaivedRelisted (2) county-of-sacramento-v-lewis excessive-force fourteenth-amendment fourth-amendment graham-v-connor law-enforcement qualified-immunity seizure self-defense unreasonable-force Petitioner James Fox performed a welfare check at the home of Respondents Mark Campbell and Sherrie Campbell. Mark stated through the closed front doo…
22-793 Paul Donald Davis, et al. v. Paul Waller, et al. Eleventh Circuit 2023-02-22 Denied circuit-split civil-rights deadly-force due-process hostage law-enforcement non-suspect-seizure qualified-immunity seizure use-of-force Whether the Eleventh Circuit misapplied the test for the constitutional use of deadly force set forth by this Court in Tennessee v. Garner, 471 U.S. 1…
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…
22-735 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 …
22-728 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…
22-696 Reginald L. Gundy v. City of Jacksonville, Florida, et al. Eleventh Circuit 2023-01-26 Denied Response Waived civil-rights first-amendment free-exercise free-speech government-speech qualified-immunity retaliation 1. Whether Petitioner's invited invocation before the City Council, without any instructions or limitations, was private speech as the district court …
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…
22-640 David Wellington v. Fernando Daza, et al. Tenth Circuit 2023-01-10 Denied Response Waived 1st-amendment 4th-amendment civil-rights content-seizure first-amendment fourth-amendment overbreadth qualified-immunity search-warrant tax-code In 2017 Respondents executed a search warrant (which had no affidavit) at Petitioner's home. It authorized a search for violations of 26 U.S.C. §7201 …
22-632 Anthony Haworth v. City of Walla Walla, Washington, et al. Ninth Circuit 2023-01-09 Denied Response Waived 42-usc-1983 absolute-immunity brady-violation civil-rights civil-rights-act common-law ku-klux-klan-act prosecutorial-immunity qualified-immunity section-1983 1. Whether this Court should overrule a halfcentury of precedent that has inaccurately interpreted the intent and purpose of Section 1983 by affirming…
22-625 W.A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et al. Eleventh Circuit 2023-01-09 Denied Response Waived civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the state of Georgia's mandatory provider assignment of benefit law drafted under Insurance Title 33 (Georgia § 33-24-54) is preempted by the …
22-610 Warren Adam Taylor v. Augusta-Richmond County Consolidated Commissioners, et al. Eleventh Circuit 2023-01-04 Denied case-controversy civil-procedure civil-rights due-process fourteenth-amendment jurisdiction motion-to-dismiss public-interest qualified-immunity standing statute-of-limitations 1. Does Congress give this Court the authority under 28 U.S.C. 1292(e) to review the Fourteenth Amendment mandates under the case or controversy juris…
22-6455 Michael Joseph DeMarco, Jr. v. Jeremy J. Bynum Fifth Circuit 2023-01-04 Denied IFP civil-rights constitutional-rights due-process free-speech government-accountability prison-grievance prisoners-rights property-destruction qualified-immunity retaliation 1. Does the Plaintiff's First Amendment right to redress in the form of a prison grievance exposing corruption and illegal acts give the government em…
22-589 Daryl Holloway v. City of Milwaukee, Wisconsin, et al. Seventh Circuit 2022-12-27 Denied circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity 1. Whether the Court should address ambiguity among the circuits on whether an unduly suggestive identification procedure violated the Due Process Cla…
22-564 Juan Carlos Salazar v. Juan Rene Molina Fifth Circuit 2022-12-20 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) 4th-amendment circuit-split excessive-force graham-v-connor law-enforcement qualified-immunity reasonableness-of-force surrender-protocol use-of-force After initially fleeing from police who suspected him of speeding, petitioner encountered a roadblock, pulled his car over, exited, and lay face down …
22-6352 Anson Paape v. Illinois Illinois 2022-12-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process government-liability qualified-immunity Whether a Lewanal Oeerdon*S Oser Proceas Rags s Provilore bovernmen\ Xnkentvornol Ase 68% False. "Vestwwmory "Yo forand Suey Regordless hen Diectover …
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…
22-533 Ifrah Yassin v. Heather Weyker Eighth Circuit 2022-12-09 Denied Amici (1)Response Waived 42-usc-1983 bivens-action civil-rights color-of-law constitutional-rights federal-cross-deputization qualified-immunity section-1983 task-force Whether state and local police officers are immune from suit under 42 U.S.C. 1983 whenever they are federally cross-deputized as members of joint stat…
22-509 J. T. H., et al. v. Spring Cook Eighth Circuit 2022-11-30 Denied Amici (3)Response Waived circuit-split civil-rights constitutional-rights due-process first-amendment hartman-v-moore law-enforcement qualified-immunity retaliatory-investigation retaliatory-investigations Whether investigations—even when they lack probable cause—are so categorically different from other retaliatory acts that they cannot be the basis for…
22-510 Jody Lombardo, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2022-11-30 Denied Amici (2)Response RequestedResponse WaivedRelisted (9) civil-procedure civil-rights constitutional-rights detainee-death due-process excessive-force law-enforcement police-misconduct police-restraint qualified-immunity When officers put a handcuffed and shackled person face-down on the floor and push into his back until he dies, are they entitled to qualified immunit…
22-6146 In Re Maria Navarro-Martin 2022-11-23 Denied IFP civil-rights due-process equal-protection qualified-immunity standing state-action Whether a former President is withholding, desclassifying, concealing or depriving of records and evidences in an offered proceeding where the prosecu…
22-6131 Andrew Guy Moret v. Poornima Ranganathan, et al. Ninth Circuit 2022-11-22 Denied Response WaivedRelisted (2)IFP civil-rights due-process government-standard legal-procedure malpractice-standard medical-malpractice medical-professionals mental-health professional-liability qualified-immunity state-standards Whether the standard for mental health professionals to receive qualified immunity is higher, lower, or the same as other medical professionals? II. …
22-6118 Wilbert Glover v. Matt Bostrom, et al. Eighth Circuit 2022-11-21 Denied Response WaivedIFP civil-rights constitutional-rights due-process equal-protection inmate-treatment prison-conditions qualified-immunity racial-discrimination RE. GLOVER NV. BOSTEM, TAL. PETITIONER WILBERT GROVER AND OTHER INMATES OF ADC RAMSEY COUNTY JAIL SEND SEVERAL INTERNAL GRIEVANCES THAT WERE REJECTED…
22-474 Laddie Huffman, et al. v. Rachel Harris Fifth Circuit 2022-11-18 Dismissed Response RequestedResponse Waived civil-rights constitutional-duties criminal-procedure detention due-process fifth-circuit mental-health qualified-immunity schizophrenic-inmate section-1983 In a Section 1983 action against county sheriffs arising from the detention of an incompetent criminal defendant, a court must grant qualified immunit…
22-438 Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. Eighth Circuit 2022-11-10 Denied Amici (1)Response Waived 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause 1. Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims for ordering the shut-down of their …
22-5954 David Florence v. S. Frauenheim, et al. Ninth Circuit 2022-11-01 Denied Response WaivedIFP access-to-courts amending-complaint civil-rights complaint-amendment court-retaliation due-process grievance-filing legal-procedure qualified-immunity retaliation CAN RESPONDENT INTENTIONALLY FALSIFY THEIR REPORT TO THE COURT TO OBTAIN QUALIFY IMMUNITY. CAN PETITIONER BE RETALIATE AGAINST FOR FILING GRIVANCES B…
22-373 David Schaszberger, et al. v. American Federation of State, County and Municipal Employees, Council 13 Third Circuit 2022-10-20 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights damages-liability due-process good-faith good-faith-defense qualified-immunity retroactivity state-action Is there a "good faith " defense under 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional…
22-5766 Clifford Benjamin Kinkade v. United States Eighth Circuit 2022-10-05 Denied Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights due-process equal-protection qualified-immunity standing Whether the district Court's order denying a certificate of appealability for petitioner's 28 U.S.C. § 2255 motion to vacate, set aside, or correct th…
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application \ tAjtfuui d CL \r<LOJSo le- (Lose h hft&uov)M<L s4-g_wJ cut Vs lc»ctrr'a-vr)' ahjVdd' /'4 4W+ 0^ -f'd"' 1-^4 -k> e,s»Wo^?4 h®- "sKou\ dde^r QJXJULS&…
22-293 Anthony Novak v. City of Parma, Ohio, et al. Sixth Circuit 2022-09-28 Denied Amici (5) circuit-split civil-rights first-amendment free-speech law-enforcement parody parody-speech police-misconduct qualified-immunity Petitioner Anthony Novak created a parody Facebook page to mock his local police department in Parma, Ohio. Novak published six posts on the page, der…
22-5646 Fred Freeman v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2022-09-22 Denied Relisted (2)IFP 8th-amendment appellate-jurisdiction civil-rights classification-error court-of-appeals due-process equal-protection judicial-discretion procedural-review qualified-immunity sovereign-immunity standing Question not identified.
22-5583 John Doe v. Harris County, Texas, et al. Fifth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
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…
22-224 Brent Stroman, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 civil-rights false-arrest franks-v-delaware franks-violation grand-jury law-enforcement pleading-standards qualified-immunity section-1983 This case involves issues relating to the arrest of respondents on the charge of engaging in organized criminal activity and the sufficiency of respon…
22-183 Bryan Cowan, et al. v. Masa Nathaniel Warden Ninth Circuit 2022-08-29 Denied Response Waived 1983-action civil-rights criminal-plea excessive-force heck-doctrine heck-v-humphrey judicial-estoppel qualified-immunity section-1983 1. Plaintiff pled no contest to California Penal Code §69 prior to bringing this §1983 action against all three officers who were involved in his arre…
22-5274 Joseph Covell Brown v. Marcus Porter, et al. Fourth Circuit 2022-08-03 Denied Response WaivedIFP civil-rights constitutional-rights disciplinary-proceedings due-process higher-education ministerial-tasks procedural-due-process qualified-immunity Whether the right to procedural due process in disciplinary proceedings involving suspension, expulsion or loss of housing in publicly funded institut…
22-80 Frank Napolitano, et al. v. Laurence Washington Second Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application 1. Whether the Court of Appeals improperly denied qualified immunity by requiring an officer to disclose his subjective intent and state of mind in a …
22-5144 Khaled Shabani v. Tony Evers, Governor of Wisconsin, et al. Seventh Circuit 2022-07-20 Denied IFP civil-procedure civil-rights due-process federal-jurisdiction qualified-immunity standing Question not identified.
22-5124 Michael Jerrial Ibenyenwa v. Elroddrock B. Wells, Sr., et al. Fifth Circuit 2022-07-19 Denied Response WaivedIFP 42-usc-1983 civil-rights constitutional-rights due-process frivolous frivolous-claims in-forma-pauperis pleadings prisoner-plaintiff qualified-immunity twombly QUESTION: ONE WHETHER ADEFENDANT SUFFIUIENTLY ANDPROPERLY INVOKES ENTITLEMENT TO QUALIFIED IMMUNITY DEFENSE INAQZU.S.L.S19B3 CIVIL RIGHTS ACTION LAWSU…
22-5121 Barbara Marie Frantz v. Kansas, et al. Tenth Circuit 2022-07-19 Denied Relisted (2)IFP 8th-amendment civil-rights deliberate-indifference due-process medical-care qualified-immunity Whether the United States Supreme Court should decide, or further investigate, a case of Respondent's death, dependent on deliberate indifference to A…
22-7 Joe Carollo v. William O. Fuller, et al. Eleventh Circuit 2022-07-01 Denied discretionary-function eleventh-circuit legislative-immunity mitchell-v-forsyth municipal-elected-official municipal-official policy-making qualified-immunity scott-v-harris Whether the Eleventh Circuit Court of Appeals' narrow application of the legislative immunity doctrine to a municipal elected official departs from an…
22-5011 Randolph Mays v. Illinois Illinois 2022-07-01 Denied Response WaivedIFP civil-procedure civil-rights due-process government-liability law-enforcement qualified-immunity Question not identified.
22-8 Anthony Momphard, Jr., Individually and in His Official Capacity as a Deputy Sheriff of the Macon County Sheriff's Department, et al. v. Melissa B. Knibbs, as Personal Representative of the Estate of Michael Scott Knibbs Fourth Circuit 2022-07-01 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights constitutional-rights deadly-force due-process fourth-amendment law-enforcement police-use-of-force qualified-immunity use-of-force 1. Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justifie…
21-8283 Sushila Gaur v. Maryland Maryland 2022-06-29 Denied Relisted (2)IFP civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity Question not identified.
21-8241 Randy Lassiter v. Gerald Jenkins, et al. Fourth Circuit 2022-06-28 Denied IFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment The US courk oF ApredditS Evved ty NE Fine Mre TRA AS Couvk < bdr Granting Zespo nde HS . Soman Sodguvent Wr Favor oF erence nfs 2.) The ES uy OF her…
21-1559 Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook Eleventh Circuit 2022-06-14 Denied civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force 1. When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the "clearly established law" prong of a qualified i…
21-1552 Central Specialties, Inc. v. Jonathan Large Eighth Circuit 2022-06-10 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) circuit-split civil-procedure civil-rights due-process government-official legal-standard qualified-immunity scope-of-authority standing traffic-stops Whether, before proceeding to the qualified immunity analysis, courts must determine that a government official was acting within the scope of his aut…
21-1540 Nita Gordon, Personal Representative of the Estate of Antonio Gordon v. Keith Bierenga Sixth Circuit 2022-06-08 Denied Relisted (2) 42-usc-1983 4th-amendment civil-rights constitutional-violation excessive-force fourth-amendment police-misconduct police-use-of-force precedent qualified-immunity section-1983 1. Does qualified immunity protect government officials so long as no prior precedent exists recognizing the unconstitutionality of a fact pattern exa…
21-1522 Wayne Torcivia v. Suffolk County, New York, et al. Second Circuit 2022-06-03 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment home-entry qualified-immunity special-needs-exception state-actors warrant-requirement (1) Whether a so-called "special-needs exception" to the Fourth Amendment exists and allows warrantless entry into the home of someone who is not subj…
21-8040 Dominique Brown v. Burgess McCowan, et al. Ninth Circuit 2022-06-02 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-tort due-process prosecutorial-immunity qualified-immunity section-1983 standing state-action 1. Can Court-appointed attorney's be sued under Statite 1983 clain when they violate or deprive an person of thier constitutional rights" 2. Are prose…
21-1502 Jeff Swanson v. Couy Griffin, et al. Tenth Circuit 2022-06-01 Denied civil-liberties first-amendment free-speech public-forum qualified-immunity social-media viewpoint-discrimination Did the Tenth Circuit err in reversing the decision of the District Court that Commissioner Couy Griffin was not entitled to qualified immunity after …
21-1495 Jimmy Baldea v. City of New York License Division of the NYPD New York 2022-05-31 Denied Response RequestedRelisted (2) 2nd-amendment administrative-procedure civil-rights concealed-carry due-process handgun-regulation law-enforcement licensing-rights police-officer police-powers qualified-immunity 1. Is License Division empowered to deny an unrestricted concealed carry license to a qualified police officer, as defined by 18 U.S.C. § 926B (2017),…
21-1501 Orrilyln Maxwell Stallworth v. Rodney W. Hurst, et al. Eleventh Circuit 2022-05-31 Denied civil-procedure civil-rights constitutional-rights due-process law-enforcement probable-cause qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity.
21-1492 Anas Elhady v. Blake Bradley Sixth Circuit 2022-05-27 Denied bivens bivens-remedy border-enforcement civil-rights collateral-order-doctrine due-process federal-law-enforcement interlocutory-appeal jurisdiction qualified-immunity For decades, this Court has vigilantly enforced the final judgment rule codified at 28 U.S.C. § 1291, emphasizing the "modest scope" of the "small cla…
21-1466 Lenard Johnson v. Richard Winfrey, Jr., et al. Fifth Circuit 2022-05-20 Denied 4th-amendment affidavit civil-rights damages-claim franks-v-delaware law-enforcement probable-cause qualified-immunity section-1983 warrant-affidavit In Franks v. Delaware, 438 U.S. 154, 155-56 (1978), the Court identified a right of "limited scope" "that [applies], where [a criminal] defendant make…
21-7926 Jonathan D. Stephen, Jr. v. Palestine Police Department, et al. Fifth Circuit 2022-05-19 Denied IFP 42-usc-1983 civil-rights constitutional-violation covid-19 due-process eleventh-amendment federal-jurisdiction qualified-immunity sovereign-immunity standing state-officials Why did Ashton Rodriguez $ Zachary smith ofte Palestine Police Dept. aCt Under color ofstate law, custom, or usAge, subjeets qnother to the depriation…
21-7899 Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-18 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
21-1422 Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism Second Circuit 2022-05-05 Denied Amici (2) 2nd-amendment civil-rights deadly-force due-process fourth-amendment lethal-force police-procedure qualified-immunity self-defense standing use-of-force Does the doctrine of qualified immunity shield a police officer from suit (not merely from judgment) where his/her split-second decision to deploy let…
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…
21-1396 Dustin Dillard, et al. v. Vicki Timpa, Individually and as Representative of the Estate of Anthony Timpa, et al. Fifth Circuit 2022-04-29 Denied Response Waived 42-usc-1983 4th-amendment bystander-liability civil-rights excessive-force fourth-amendment law-enforcement-liability mental-health-intervention qualified-immunity section-1983 1. Whether the Fifth Circuit misapplied the Court's qualified immunity jurisprudence in holding that a police officer who held a mentally ill subject …
21-7580 Amos Lamar Burch v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP actual-innocence civil-procedure civil-rights criminal-procedure dna-testing due-process fourteenth-amendment free-speech post-conviction-relief qualified-immunity standing Question not identified.
21-7571 Anton F. Liverpool v. Reggie Cleveland, et al. Second Circuit 2022-04-07 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law criminal-procedure due-process excessive-force habeas-corpus judicial-review qualified-immunity standing present an argument of genvine dispute ldissagrement to officer cleveland tl indicent exposure andy thecelore admitedly the delendent to havino knowla…
21-1242 Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased Eleventh Circuit 2022-03-14 Denied article-iii article-iii-standing case-or-controversy circuit-court circuit-court-precedent probable-cause qualified-immunity sovereign-immunity standing supreme-court-precedent (1) This Court and several Circuit Courts of Appeals have held that federal courts should not reach the merits of a case, including issues such as sov…
21-1229 Saved Magazine, et al. v. Spokane Police Department, et al. Ninth Circuit 2022-03-10 Denied Response Waived civil-rights content-based-censorship content-based-restrictions due-process dueling-protests first-amendment free-speech freedom-of-speech press-freedom public-forum qualified-immunity Police kept opposing protestors on separate sides of a street at an event called "Drag Queen Story Hour" held at a public library. A journalist for a …
21-1225 The Estate of Dillon Taylor, et al. v. Salt Lake City, Utah, et al. Tenth Circuit 2022-03-09 Denied Response RequestedRelisted (2) civil-procedure civil-rights excessive-force jury law-enforcement material-dispute qualified-immunity summary-judgment tenth-circuit 1. Whether the Tenth Circuit impermissibly expanded the judicially-created doctrine of qualified immunity to shield an officer where there is a subs…
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, …
21-7311 Linda Baldwin v. Office of Injured Employee Counsel Fifth Circuit 2022-03-08 Denied Response WaivedRelisted (2)IFP 14th-amendment 42-usc-1983 civil-rights due-process federal-statute qualified-immunity reckless-conduct section-1983 1. Under 42 U.S.C. § 1983, is a public official, whose reckless conduct proximately injured another violate a plaintiff 's federally protected right '…
21-7313 Domonick Deshay Wright v. United States Eighth Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity reasonable-suspicion search-and-seizure traffic-stop Question not identified.
21-1204 City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al. Ninth Circuit 2022-03-03 Denied arrest-procedure civil-rights excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force 1. As a matter of first impression, does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who v…
21-7232 Lance Reberger v. Michael Koehn, et al. Ninth Circuit 2022-03-01 Denied IFP 8th-amendment civil-rights constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment medical-care medical-treatment prison prison-medical-care prisoner-rights qualified-immunity Are all U.S. prison officials required to provide all prisoners with healing spiritual medication for epilepsy, to prevent seizures that cause death? …
21-1163 Carolyn L. Baburka v. Township of Hazlet, New Jersey, et al. New Jersey 2022-02-23 Denied Response Waived 14th-amendment 42-usc-1983 42-usc-1988 4th-amendment 5th-amendment civil-rights constitutional-amendments federal-law qualified-immunity search-and-seizure state-law 1. Did the courts below commit error by deciding the case based solely on New Jersey State law, failing to give any recognition to federal law such …
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…
21-1125 Matthew Schantz v. Benny Deloach Eleventh Circuit 2022-02-15 Denied Response Waived 4th-amendment civil-rights deadly-force fourth-amendment objective-reasonableness police-pursuit qualified-immunity summary-judgment traffic-stop use-of-force 1. Does the Fourth Amendment entitle police to seize all speeding motorists by shooting them, regardless of the circumstances and independently of any…
21-1128 John Turnure v. Latrent Redrick Sixth Circuit 2022-02-15 Denied Response Waived civil-rights due-process excessive-force qualified-immunity scott-v-harris sixth-circuit summary-judgment use-of-force I. Did the Sixth Circuit contravene Scott v. Harris, 550 U.S. 372 (2007) by ignoring record admissions, videos, and photographs to credit to Redrick w…
21-1104 John Davis v. City of Andrews, Texas, et al. Fifth Circuit 2022-02-09 Denied civil-procedure civil-rights constitutional-rights due-process false-statements law-enforcement police-misconduct qualified-immunity The Fifth Circuit ignored its own precedent and the controlling standards of law arriving at a decision upholding the doctrine of qualified immunity 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 …
21-6983 Shahid L. A. Majid, aka Arthur Moseley v. RN Richards, et al. Fourth Circuit 2022-01-27 Denied IFP 42-usc-1983 civil-rights due-process excessive-force municipal-liability qualified-immunity Question not identified.
21-6947 Rayshawn J. Christmas, aka Rayshaun J. Christmas v. Jeff Jackson, et al. Fifth Circuit 2022-01-24 Denied Response WaivedIFP civil-procedure civil-rights due-process federal-law fifth-circuit jurisdiction mandamus qualified-immunity sovereign-immunity standing 1) Did the Fifth Circuit Court of Appeals err in denying die appellants writ of mandamus. 2) Did the Fifth Circuit Court of Appeals err in dismissing…
21-6904 Michel Thomas v. Stafflink, Inc., dba Link Staffing Services, et al. Fifth Circuit 2022-01-19 Denied Response WaivedIFP exclusionary-rule fourth-amendment probable-cause qualified-immunity reasonable-suspicion search-and-seizure X. What is the proper standard of review when it comes to the question of a void judgment and/or a constitutional question, and/or question of law, an…
21-1014 T. O., a Child, et al. v. Fort Bend Independent School District, et al. Fifth Circuit 2022-01-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 14th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment pedagogical-purpose public-school qualified-immunity school-officials 1. Whether a public school student is barred from bringing an excessive-force claim alleging a violation of his federal constitutional rights whenever…
21-6878 Ronald Cox v. Benjie Nobles, Deputy Warden, et al. Eleventh Circuit 2022-01-18 Denied Amici (1)Response WaivedIFP civil-rights deliberate-indifference eighth-amendment prea-regulations prison-rape-elimination-act qualified-immunity transgender transgender-vulnerability Should the requirements of the Prison Rape Elimination Act, 34 U.S.C. §§ 30301 et seq. and PREA regulations be followed to protect the vulnerability o…
21-6778 In Re Mark Thomas Garrett 2022-01-07 Denied Response WaivedIFP 42-usc-1983 appellate-jurisdiction civil-rights court-discretion due-process equal-protection exceptional-circumstances extraordinary-relief legal-remedy qualified-immunity standing writ-of-certiorari Question not identified.
21-973 John Colangelo, et al. v. Nicole Chase Second Circuit 2022-01-06 Dismissed Response Requested civil-rights criminal-charges due-process false-statement malicious-prosecution police-investigation procedural-grounds qualified-immunity section-1983 Canton police officers investigated a complaint of alleged sexual misconduct wherein the complainant provided various versions of the incident and, af…
21-6756 Tracy Clare Micks-Harm v. William Paul Nichols, et al. Sixth Circuit 2022-01-04 Denied Response WaivedIFP absolute-immunity administrative-function civil-rights constitutional-rights HIPAA hipaa-immunity judicial-immunity proprietary-functions qualified-immunity retaliation search-and-seizure third-party-doctrine I. Does iralice, retaliation, deliberate indifference to the constitutional rights, acts committed within the scope of administrative function, acts c…
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment 1. In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantia…
21-860 Jane Doe v. Timothy White, et al. Ninth Circuit 2021-12-09 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) due-process fourteenth-amendment goss-standard goss-v-lopez higher-education liberty-interest procedural-due-process property-interest qualified-immunity When State actors threaten to deprive individuals of liberty or property, the Fourteenth Amendment requires procedural protections that comport with m…
21-837 Robert Bohanon, et al. v. Jacqueline Lawrence, et al. Ninth Circuit 2021-12-08 Denied Amici (1)Response Waived appeals appellate-jurisdiction civil-procedure district-court federal-courts interlocutory-appeal jurisdiction qualified-immunity summary-judgment Whether, and in what circumstances, a federal court of appeals has jurisdiction over an immediate appeal from a district court's summary-judgment orde…
21-6488 Bertram S. Mann v. Florida Florida 2021-12-02 Denied IFP civil-rights class-action due-process equal-protection qualified-immunity standing IN REGARDS TO ThE " BElATEO MOTION AND fOR MODIFiCATiON OF SENTENCE REQUBST FOR HEARiNG 3.8OO(C)" FilED 0N12-21-20,(AND) FACTS ThEREiNe DiD ThE SHERiF…
21-786 James P. Crocker v. Steven Eric Beatty, Deputy Sheriff, Martin County, Florida Eleventh Circuit 2021-11-29 Denied Amici (2)Response Waived civil-rights constitutional-rights first-amendment free-speech police-activity public-recording public-space qualified-immunity recording-rights 1. Whether a First Amendment right to record police activities in public has been clearly established so as to preclude application of qualified immun…
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…
21-770 Shelby Hawkins v. Johnny Banks, III Eighth Circuit 2021-11-24 Denied Response RequestedRelisted (2) civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force 1. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law w…
21-774 Michelle Munger, et al. v. Brenda Davis, et al. Eighth Circuit 2021-11-24 Denied Amici (1)Response Waived 42-usc-1983 civil-rights federal-rights inmate-rights inmate-services prison private-contractor qualified-immunity Can an employee of a private contractor providing constitutionally-required services to inmates in a county jail or state prison facility assert quali…
21-778 Selina Marie Ramirez, et al. v. Jeremias Guadarrama, et al. Fifth Circuit 2021-11-24 Denied Amici (1)Relisted (16) civil-rights constitutional-rights due-process excessive-force mental-health-crisis motion-to-dismiss police-conduct qualified-immunity section-1983 summary-judgment To defeat a motion to dismiss in a Section 1983 suit alleging that officers used excessive force, must plaintiffs plead as an element of their claim t…
21-783 Patsy K. Cope, et al. v. Leslie W. Cogdill, et al. Fifth Circuit 2021-11-24 Denied Amici (3)Response RequestedResponse WaivedRelisted (13) civil-rights constitutional-rights deliberate-indifference due-process inadequate-medical-care jail-official pretrial-detainee pretrial-detainees qualified-immunity suicide-prevention suicide-risk Upon arriving in jail, pretrial detainee Derrek Monroe informed jail officials that he was suicidal and attempted to hang himself twice in his cell. J…
21-6381 Russell Tinsley v. Merrill Main, et al. Third Circuit 2021-11-23 Denied IFP civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech freedom-of-speech qualified-immunity retaliation standing WHEATHER THE NEW JERSEY UNITED STATES DISTRICT COURT DENIED MR. TINSLEY 'S HIS FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION (RETALIATION CLAIM AG…
21-709 Jacob Clark, et ux. v. Bernadette Stone, et al. Sixth Circuit 2021-11-15 Denied Response Waived 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches 1. Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a…
21-6153 Suran Wije v. David A. Burns, et al. Texas 2021-11-02 Denied Response WaivedRelisted (2)IFP civil-liberties due-process equal-protection equal-rights fourteenth-amendment immunity leave-to-amend liberty nondisclosure qualified-immunity sovereign-immunity Despite the freedoms and privileges of U.S. citizenship, for over 17 years, petitioner has been imprisoned within an illiberal democracy 1, having los…
21-6075 James Frei v. United States Sixth Circuit 2021-10-27 Denied Response WaivedIFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment Question not identified.
21-617 Christopher N. Payne v. Jahal Taslimi, et al. Fourth Circuit 2021-10-27 Denied Amici (2)Response Waived circuit-split civil-rights constitutional-rights due-process fourth-amendment inmate-privacy medical-confidentiality penological-interests prejudice privacy qualified-immunity Do inmates have a constitutional right to privacy in their HIV status, as the Second, Third, and Sixth Circuits have held (subject to legitimate penol…
21-606 Donald Shooter v. Arizona, et al. Ninth Circuit 2021-10-26 Denied appellate-review civil-procedure civil-rights constitutional-rights due-process equal-protection free-speech legislative-immunity legislative-procedure qualified-immunity standing 1. Does this case present an important question not previously decided by the Supreme Court in which an elected member of the Arizona Legislature enga…
21-6013 Zachary Scott Reed v. Michael Dixon, et al. Eighth Circuit 2021-10-20 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights clear-error due-process judicial-fairness pro-se-plaintiff qualified-immunity standing If a district court applies qualified immunity to a case upon adopting a factual basis containing a clear error of fact, with such clear error being d…
21-569 Gregory V. Tucker v. City of Shreveport, Louisiana, et al. Fifth Circuit 2021-10-19 Denied Amici (2)Response Waived 42-usc-1983 circuit-split civil-rights constitutional-rights excessive-force fair-warning qualified-immunity section-1983 Respondents are police officers who tackled, punched, and kicked Petitioner Gregory Tucker after they pulled him over for non-functioning brake and li…
21-6016 Zelda Ware v. City of Atlanta, Georgia, et al. Eleventh Circuit 2021-10-19 Denied IFP civil-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity search-warrant state-agency 1. Whether, consistent with the Fourth Amendment to the United States Constitution, a court order directing a state agency to pick up a child is the f…
21-549 Nicole Hutcheson, et al. v. Dallas County, Texas, et al. Fifth Circuit 2021-10-13 Denied Response Waived civil-rights discovery discovery-standard municipal-liability plausibility-pleading qualified-immunity summary-judgment training 1a. This Court has permitted "limited discovery" in cases where the defendant has asserted the affirmative defense of qualified immunity in its answer…
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…
21-5885 Michael Alan Webb v. Virginia Virginia 2021-10-05 Denied IFP 4th-amendment arbitration-award civil-rights district-court due-process federal-law legal-precedent manifest-disregard motion-to-vacate qualified-immunity search-and-seizure standing Question not identified.
21-5733 Eric Westry v. Victor Leon Second Circuit 2021-09-21 Denied Relisted (2)IFP brady-violation civil-rights due-process excessive-force police-misconduct qualified-immunity standing summary-judgment 1. How is it proper and legal for the court to state there were undisputed facts of physical assault, threatening behavior, and physical resistance of…
21-423 Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al. Sixth Circuit 2021-09-20 Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force material-fact qualified-immunity summary-judgment tolan-v-cotton use-of-force 1. Does the ruling in this case by the U.S. Court of Appeals for the Sixth Circuit violate basic fundamental principles of Rule 56 of the Federal Rule…
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…
21-317 Dean Koch v. Ohio Department of Natural Resources, et al. Sixth Circuit 2021-08-31 Denied Response Waived 11th-amendment 42-usc-1983 bostock-v-clayton-county civil-rights-act civil-rights-act-of-1871 constitutional-interpretation eleventh-amendment judicial-doctrine qualified-immunity statutory-construction 1. Does the Decision of the Sixth Circuit herein violate the canons of statutory construction especially those enunciated in Bostock v. Clayton County…
21-264 San Diego County, California, et al. v. Ana Sandoval, et al. Ninth Circuit 2021-08-24 Denied Amici (1) circuit-split civil-rights clearly-established-rights deliberate-indifference due-process fourteenth-amendment medical-care medical-needs pretrial-detainee qualified-immunity Under the Fourteenth Amendment, must a pretrial detainee alleging deliberate indifference to medical needs prove that the defendant was subjectively a…
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…
21-217 Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al. Tenth Circuit 2021-08-16 Denied civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause As a threshold matter, did the lower courts err in light of this Court's recent ruling in of Cedar Point Nursery v. Hassid , 141 S. Ct. 2063, (2021) t…
21-187 Hamdi Mohamud v. Heather Weyker Eighth Circuit 2021-08-10 Denied Amici (2)Relisted (2) bivens bivens-remedy circuit-split civil-rights constitutional-violation fourth-amendment law-enforcement-overreach qualified-immunity ziglar-v-abbasi Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth…
21-152 Estate of Madison Jody Jensen, by Her Personal Representative Jared Jensen v. Kennon Tubbs Tenth Circuit 2021-08-04 Denied civil-rights correctional-facilities due-process medical-personnel mental-health mental-health-facilities qualified-immunity Whether private medical personnel working in correctional or mental-health facilities can assert qualified immunity.
21-149 Rodolfo Rivera, Jr. v. John Granillo Tenth Circuit 2021-08-03 Denied Response Waived civil-rights court-of-appeals due-process judicial-proceedings legal-standard material-facts probable-cause qualified-immunity The questions presented are whether the lower Court err in their decision granting Qualified Immunity and Probable Cause on grounds, which conflicts w…
21-5267 Robert Drawn, IV v. Robert Neuschmid, Warden Ninth Circuit 2021-07-30 Denied Response WaivedIFP civil-rights constitutional-claims district-court-assessment due-process equal-protection judicial-review legal-standard qualified-immunity reasonable-jurists summary-judgment writ-of-certiorari DID PETITIONER DEMONSTRATE THAT REASONABLE JURISTS WOULD FIND THE DISTRICT COURT'S ASSESSMENT OF THE CONSTITUTIONAL CLAIMS DEBATABLE OR WRONG ...
21-57 Levi Frasier v. Christopher L. Evans, et al. Tenth Circuit 2021-07-15 Denied Amici (7) civil-rights constitutional-rights due-process first-amendment free-speech law-enforcement police-conduct police-recording public-conduct qualified-immunity 1. Whether training or law enforcement policies can be relevant to whether a police officer is entitled to qualified immunity. 2. Whether it has been…
21-5079 Donnell Bledsoe v. Richard J. Guiliani, Judge, Superior Court of California, San Joaquin County, et al. Ninth Circuit 2021-07-13 Denied Relisted (2)IFP 42-usc-1983 civil-rights color-of-law criminal-procedure due-process qualified-immunity A material point of fact or law was overlooked in the decision; 18 U.S.C. 242
21-5033 Relonzo Phillips v. Melody M. Maddox, Sheriff, Dekalb County, Georgia Georgia 2021-07-08 Denied IFP civil-procedure civil-rights due-process judicial-economy malicious-prosecution patent pendent-jurisdiction qualified-immunity standing state-law-claims summary-judgment takings Question not identified.
21-5051 Shangia Washington v. Cedric Taylor, Warden, et al. Eleventh Circuit 2021-07-08 Denied Response WaivedIFP civil-rights constitutional-rights due-process eleventh-circuit precedent prison prison-conditions qualified-immunity risk-of-harm subjective-knowledge 1. Whether the United States Court of Appeals for the Eleventh Circuit is following its precedent prior to Hope v. Pelzer to require a prior case on a…
21-5038 Donnell Bledsoe v. Stockton Police Department, et al. Ninth Circuit 2021-07-07 Denied Relisted (2)IFP civil-rights constitutional-law criminal-procedure due-process excessive-force exclusionary-rule fourth-amendment police-misconduct qualified-immunity search-and-seizure section-1983 The lower court(s) ruled that a federal criminal statute that enforces constitutional limits on conduct by law enforcement officers, provided in relev…
20-1806 Kim R. Helper v. Patrick H. Stockdale, et al. Sixth Circuit 2021-06-25 Denied absolute-immunity civil-rights first-amendment giglio-disclosure giglio-v-united-states law-enforcement qualified-immunity retaliation Did the Sixth Circuit err in denying Helper absolute immunity for communicating to the officers' employer her decision regarding them under Giglio v. …
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification I. In this civil malicious prosecution claim, is it error to replace the Fourth Amendment's totality-of-the-circumstances test for probable cause as t…
20-1768 Ron Fenn v. City of Truth or Consequences, New Mexico, et al. Tenth Circuit 2021-06-21 Denied civil-rights constitutional-rights due-process free-speech government-accountability government-actor qualified-immunity standing supreme-court-precedent As the jurisprudence becomes broader on when a government actor enjoys qualified immunity and the instances where a citizen can hold that government a…
20-1752 Devar Hurd v. Stacey Fredenburgh Second Circuit 2021-06-16 Denied Amici (1) civil-rights constitutional-deprivation due-process eighth-amendment fourteenth-amendment liberty-interest prolonged-incarceration qualified-immunity 1. Whether prolonged incarceration past a statutorily-mandated release date is an objectively serious deprivation under clearly established Eighth Ame…
20-1696 Jeriel Edwards v. Steven Harmon, et al. Tenth Circuit 2021-06-08 Denied Response Waived bodycam-evidence bodycam-video civil-rights civil-rights 20-1695" civil-rights-litigation de-novo-standard excessive-force fifth-circuit-review frcp-60b4-motion inherent-court-powers jurisdictional-requirements qualified-immunity rule-54-attorney-fees section-1983 summary-judgment Whether the Fifth Circuit can refuse to review the Does Scott v. Harris alter, or merely implement, traditional summary-judgment requirements—especially when a nonmovant § 1983 plaintiff relies on mova…
20-1690 Ramon Cortesluna v. Daniel Rivas-Villegas, et al. Ninth Circuit 2021-06-07 Denied Response WaivedRelisted (3) civil-rights due-process excessive-force graham-factors material-facts police-shooting qualified-immunity scott-v-harris summary-judgment tolan-v-cotton video-evidence Did the Ninth Circuit depart from longstanding procedure and precedent and fail to view video and other evidence in the light most favorable to the pl…
20-1685 Scott Fulford, et al. v. George Wingate Fourth Circuit 2021-06-04 Denied civil-liability fourth-amendment law-enforcement-training qualified-immunity reasonable-suspicion terry-stop totality-of-circumstances totality-of-the-circumstances The Fourth Amendment requires that a Terry stop be supported by some minimal level of objective justification for the stop. In conducting a Fourth Ame…
20-1668 City of Tahlequah, Oklahoma, et al. v. Austin P. Bond, as Special Administrator of the Estate of Dominic F. Rollice, Deceased Tenth Circuit 2021-06-01 Judgment Issued Amici (6)Relisted (4) deadly-force fourth-amendment intoxicated-individual officer-safety police-conduct qualified-immunity seizure use-of-force 1. Whether use of force that is reasonable at the moment it is employed can nonetheless violate the Fourth Amendment if the officers recklessly or del…
20-8159 Craig S. Robledo-Valdez v. Aramark Correctional Services, LLC, et al. Tenth Circuit 2021-05-27 Denied IFP civil-rights county-deputy due-process employment-status government-immunity law-enforcement legal-standing notice-of-intent qualified-immunity standing state-government state-law 1. DOES A COUNTY JAIL DEPUTY QUALIFY AS A "STATE EMPLOYER"? 2. DOES A NOTICE OF INTENT SENT TO THE ATTORNEY GENERAL OF A STATE QUALIFY AS NOTICE UNDE…
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…
20-1629 George Wingate v. Scott Fulford, et al. Fourth Circuit 2021-05-20 Denied civil-rights constitutional-arrest due-process fourth-amendment law-enforcement police-misconduct qualified-immunity standing 1. Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justifi…
20-8089 Emem Ufot Udoh v. Minnesota Department of Human Services, et al. Eighth Circuit 2021-05-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process fourteenth-amendment fourth-amendment haines-v-kerner municipal-liability pro-se-litigation qualified-immunity standing Question One: In the (a) Denial of Plaintiffs Motions, Whether "Pro Se Litigants " are Held to the Same Legal Standards as "Counseled Litigants " in l…
20-1591 Ashwin Khobragade v. Covidien LP Ninth Circuit 2021-05-17 Denied Response Waived civil-procedure civil-rights due-process employment employment-law federal-rules fraud qualified-immunity rico stare-decisis white-collar-litigation 1. Is the Defendant Covidien LP entitled to the absolute qualified immunity? Which is luring, hiding, lying, cheating, stealing, RICO and committing f…
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…
20-1578 William A. Graven v. Arizona Ninth Circuit 2021-05-14 Denied Response Waived 11th-amendment civil-rights criminal-acts due-process qualified-immunity respondeat-superior service-of-process sovereign-immunity state-official-immunity state-officials It is long settled that a Complaint against State Officials is not a Complaint against the State, but that it is in-fact against the Officials, e.g., …
20-1539 Daniel Rivas-Villegas v. Ramon Cortesluna Ninth Circuit 2021-05-05 Judgment Issued Amici (1)Relisted (3) civil-rights constitutional-violation excessive-force fourth-amendment graham-v-connor law-enforcement ninth-circuit plumhoff-v-rickard qualified-immunity supreme-court-precedent 1. Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in d…
20-1540 Victor J. Edney v. Eondra Lamone Hines, et al. Fifth Circuit 2021-05-05 Denied Response WaivedRelisted (2) civil-procedure civil-rights court-jurisdiction default-judgment government-liability governmental-immunity legal-action motion-for-default qualified-immunity sovereign-immunity Why should the petitioners ' motion of frivolous claims be granted by this court? Why did the petitioner not negate the respondents qualified immunit…
20-1524 Advantageous Community Services, LLC, et al. v. Gary King, et al. Tenth Circuit 2021-05-03 Denied civil-procedure civil-rights due-process hope-v-pelzer legal-immunity medicaid-fraud qualified-immunity state-employees 1. Should the doctrine of qualified immunity be limited to defenses at common law when the Civil Rights Act was adopted or should it be abolished by t…
20-7906 Gerald J. Silva v. United States First Circuit 2021-05-03 Denied Response WaivedIFP brady-v-maryland civil-rights double-jeopardy due-process qualified-immunity search-and-seizure Question not identified.
20-1519 Ismael Rivera v. Glennis Gelabert-De-Peguero, et al. First Circuit 2021-04-29 Dismissed appellate-review civil-procedure civil-rights district-court due-process judicial-doctrine police-conduct police-officer qualified-immunity standing 1. Whether Police Officer Ismael Rivera was correctly denied his entitlement to qualified immunity? 2. Whether the District Court correctly applied c…
20-1471 Jonathan Lozada, Deputy Sheriff, in His Individual Capacity v. Dudley Teel, as Personal Representative of the Estate of Susan Teel Eleventh Circuit 2021-04-20 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process excessive-force fourth-amendment graham-factors law-enforcement obvious-factual-clarity-rule qualified-immunity use-of-force Whether this Court should clarify the application of the Graham factors to a law enforcement officer's use of force during a call for service that doe…
20-7799 Susan W. Vaughan v. Shannon Foltz, et al. Fourth Circuit 2021-04-20 Denied Response WaivedIFP civil-rights constitutional-rights due-process familial-association family-law fourth-amendment liberty-deprivation qualified-immunity standing state-statute Is Troxel v Granville correctly applied to a case that has nothing to do with grandparents' visitation requests, but is used, nevertheless, as grounds…
20-1461 Jairo Acosta, Police Officer for the City of Los Banos v. Tan Lam, as Successor-in-Interest to Decedent Sonny Lam, aka Son Tung Lam Ninth Circuit 2021-04-19 Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process evidence officer-credibility plain-error police-use-of-force ptsd ptsd-evidence qualified-immunity reasonable-officer threat-assessment use-of-force 1. Is it plain error to admit evidence of a police officer's remote PTSD diagnosis to challenge the officer's credibility and prove he was more likely…
20-1438 Tina Cates v. Bruce D. Stroud, et al. Ninth Circuit 2021-04-14 Denied Amici (2)Response RequestedRelisted (2) civil-rights constitutional-law courts-of-appeals due-process fourth-amendment legal-doctrine precedent qualified-immunity search-and-seizure standing 1. Whether the unanimous conclusion of multiple other courts of appeals suffices to clearly establish the law for purposes of qualified immunity. 2. …
20-7698 Derrick Michael Allen, Sr. v. Town of Cary Police Department, et al. Fourth Circuit 2021-04-09 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process qualified-immunity standing WHETHER DISMISSAL AS AN ACTION AGAINST THE TOWN OF CARY'S POLICE AND POLICE CHIEF TONI DEZONITS IS ADEQUATE WHEN PETITIONER PROVE FACTS TO SUPPORT HIS…
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to…
20-1402 Stephen Hammonds v. Robert Theakston, et al. Eleventh Circuit 2021-04-07 Denied 11th-circuit 8th-amendment appellate-precedent civil-rights constitutional-rights deliberate-indifference due-process medical-care qualified-immunity section-1983 1. When the unconstitutionality of an officials' conduct is reasonably obvious, does that suffice to render the violation of those constitutional righ…
20-1392 Jason Fowler, et al. v. Brittany Irish, et al. First Circuit 2021-04-05 Denied Amici (2)Relisted (3) circuit-split civil-procedure civil-rights constitutional-duty due-process law-enforcement qualified-immunity state-created-danger Did the First Circuit err in denying qualified immunity to Petitioners where neither this Court nor the First Circuit had ever before recognized the s…
20-1384 Amy Everett v. Cobb County, Georgia, et al. Eleventh Circuit 2021-04-02 Denied Response Waived cease-and-desist civil-rights constitutional-rights custom-and-practice due-process first-amendment free-speech law-enforcement-discretion malicious-prosecution qualified-immunity speech-protection 1. In the face of clear law, under Reno v. ACLU and traditional categories of unprotected speech, was it error to treat Everett's email s, which she c…
20-7627 Khaled Shabani v. City of Madison, Wisconsin, et al. Seventh Circuit 2021-04-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process federal-court free-speech judgment malicious-prosecution police-department qualified-immunity related-cases state-court IWant Justice t be Don Formeandrydaght She got bet onhery by madison police and oAyo y
20-1362 Davdrin Goffin v. Robbie K. Ashcraft, et al. Eighth Circuit 2021-03-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force excessive-force fourth-amendment police-shooting probable-cause qualified-immunity search-and-seizure tennessee-v-garner use-of-force Is an officer entitled to qualified immunity if she shoots a fleeing suspect in the back without warning after watching another officer search the sus…
20-1336 Denis Quinette v. Dilmus Reed, et al. Eleventh Circuit 2021-03-24 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights cruel-and-unusual-punishment due-process fourth-amendment inmate-abuse qualified-immunity supervisory-liability Petitioner Denis Quinette was violently attacked by a jailer at the Cobb County Jail who had a terrifying history of violence and inmate abuse.1 Despi…
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 …
20-1318 Vincent W. Shack v. NBC Universal Media, LLC, et al. Ninth Circuit 2021-03-22 Denied bivens-action civil-rights civil-rights-violation constitutional-rights due-process federal-agents governmental-immunity qualified-immunity Does the law afford the means to prevent and redress alleged civil right abuse by public officers and agencies? " The court allowed the use of United …
20-7490 Martin Stanley Ivie v. Washington Washington 2021-03-18 Denied IFP administrative-law civil-rights commerce-clause due-process excessive-force false-charges interstate-commerce medical-cannabis police-misconduct qualified-immunity regulatory-burden state-licensing Question not identified.
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…
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Is the presumption that warrantless searches are per se unreasonable so obvious a violation of the Fourth Amendment that the presumption gives governm…
20-1269 Amanda Kay Renfroe, et al. v. Robert Denver Parker, et al. Fifth Circuit 2021-03-12 Denied Response Waived civil-procedure civil-rights constitutional-interpretation due-process judicial-discretion judicial-review legal-doctrine qualified-immunity separation-of-powers standing I. QUALIFIED IMMUNITY VIOLATES THE SEPARATION OF POWERS, IS REPUGNANT TO THE CONSTITUTION, AND IS VOID. II. IS A FACTUAL REASONABLENESS FOR A JURY TO…
20-7355 Cleophus Reed, Jr. v. United States Eighth Circuit 2021-03-08 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
20-7332 Justin Laster v. Georgia, et al. Eleventh Circuit 2021-03-05 Denied Response WaivedIFP 11th-amendment civil-rights due-process qualified-immunity standing takings unidentified-issue Why would the United States Court of Appeals Eleventh Circuit express conduct that has so far departed the accepted and usual course of judicial proce…
20-1172 George Ponik, et al. v. Jamie Williams, Individually and as Administratrix ad Prosequendum of the Estate of Peter Lee Williams, Deceased, et al. Third Circuit 2021-02-25 Dismissed Response RequestedResponse Waived civil-procedure civil-rights due-process excessive-force law-enforcement objective-reasonableness qualified-immunity summary-judgment 1. May a Court refuse to engage in the requisite two step qualified immunity analysis, based solely on a decision that the more general liability ques…
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…
20-1082 Raymond Gardner v. Matthew T. Mglej Tenth Circuit 2021-02-08 Denied civil-rights constitutional-rights fourth-amendment fourth-amendment-search identification identification-statute law-enforcement qualified-immunity terry-stop Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5(1) for refusal to hand over an identification document vi…
20-1066 Ashlyn Hoggard v. Ron Rhodes, et al. Eighth Circuit 2021-02-04 Denied Amici (6)Relisted (8) case-precedent circuit-split constitutional-rights factual-similarity first-amendment higher-standard legal-standard public-university qualified-immunity 1. Whether qualified immunity shields public university officials from liability when the reasoning—but not the holding—of a binding decision gave the…
20-1006 City of Hayward, California, et al. v. Jessie Lee Jetmore Stoddard-Nunez Ninth Circuit 2021-01-27 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force fourth-amendment qualified-immunity section-1983 seizure use-of-force 1. Whether an accelerating fleeing driver's sudden turn deprives a threatened shooting officer of qualified immunity? 2. Whether an unintended victim…
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…
20-997 Arlane James, et al. v. Noah Bartelt Third Circuit 2021-01-26 Denied Response RequestedResponse WaivedRelisted (5) civil-procedure civil-rights deadly-force johnson-v-jones law-enforcement officer-involved-shooting qualified-immunity self-defense summary-judgment third-circuit use-of-force 1. Whether the Third Circuit's decision to exercise jurisdiction over an appeal of the District Court's denial of qualified immunity on a motion for s…
20-951 Mary Stewart, as Administrator of the Estate of Luke O. Stewart, Sr., Deceased v. City of Euclid, Ohio, et al. Sixth Circuit 2021-01-15 Denied Amici (6) 42-usc-1983 civil-rights constitutional-violation deliberate-indifference fourth-amendment municipal-liability qualified-immunity section-1983 Where a municipal employee has violated the Constitution, must a plaintiff point to "clearly established law" (such as would overcome a defense of qua…
20-896 Teresa M. Graham v. Shannon L. Barnette, et al. Eighth Circuit 2021-01-07 GVR Response RequestedRelisted (2) circuit-split community-caretaking fourth-amendment home-entry home-search qualified-immunity search-and-seizure warrant-requirement 1. WHETHER THE "COMMUNITY CARETAKING" EXCEPTION TO THE FOURTH AMENDMENT'S WARRANT REQUIREMENT EXTENDS TO THE HOME? 2. WHETHER THE "COMMUNITY CARETAKI…
20-6763 Arnold Maurice Mathis v. Zulaika Zoe Vizcarrondo Eleventh Circuit 2021-01-04 Denied Response WaivedIFP compensatory-damages false-arrest fourteenth-amendment fourth-amendment qualified-immunity statute-of-limitations warrantless-search Whether the Court of Appeals for the Eleventh Circuit correctly dismissed Petitioners Counts II2 and II4 of the Original Complaint "For false arrest" …
20-879 Arthur Lopez v. United States, et al. Ninth Circuit 2021-01-04 Denied Response Waived civil-rights constitutional-torts federal-officials federal-tort-claims-act qualified-immunity sovereign-immunity Should the United States of America be subject to Liability under the Federal Tort Claims act for 1946 C Personal ligenions sustained by United States…
20-870 John W. Orem, et ux. v. Matthew Gillmore, et al. Fourth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights fourth-amendment medical-privacy probable-cause qualified-immunity search search-and-seizure Whether the Respondent State Trooper's lack of probable cause to search was sufficiently clear, when all reasonable inferences are made in Petitioner'…
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…
20-875 Sok Kong, Trustee for Next of Kin of Map Kong, Decedent v. City of Burnsville, Minnesota, et al. Eighth Circuit 2020-12-31 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) appellate-review circuit-split district-court genuine-issue-of-material-fact interlocutory-appeal material-fact qualified-immunity standard-of-review summary-judgment Whether, on interlocutory review of a denial of qualified immunity, an appellate court may reject a district court's determination of a genuine issue …
20-876 Jeanine Liberti, et vir v. City of Scottsdale, Arizona, et al. Ninth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 civil-rights common-law constitutional-rights due-process legal-doctrine police-liability police-misconduct qualified-immunity section-1983 1. For 42 U.S.C. § 1983 cases, this Court has created a qualified-immunity doctrine. It lacks support in the common law, in this Court's pre-1974 case…
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…
20-6716 Mack Calvin Martin v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2020-12-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force qualified-immunity search-and-seizure fa fa 4/S s,#*? fadPtrfa^ faty fa^& fa &?fa&*&& (fa k/Cj/tf/'C /sjfaj- fa /i/4&/^? fafas/Prrer 4"*? <fc^eg/ 'e< "TXe jis&s fa fasy& /?<*/¥. fafa?'^ fa…
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 1. Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, a…
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…
20-6614 Derek Jarvis v. Isiah Leggett, et al. Maryland 2020-12-11 Denied Relisted (2)IFP civil-rights county-liability due-process government-liability legal-precedent malicious-conduct malicious-prosecution official-immunity qualified-immunity stare-decisis venue-transfer 1- Md. Gen. Provision, 1-104, is not authority, nor based on precedent within the rule of 'stare decisis', nor persuasive authority. Maryland General …
20-6573 Ellis Keyes v. Matt Wilson, et al. Eleventh Circuit 2020-12-09 Denied IFP 11th-circuit civil-rights deadly-force due-process judicial-intervention municipal-liability order-to-show-cause police-restraint police-use-of-force qualified-immunity standing Continuing prosecution I ask the court grant motion for order to show cause why defendant police should not be restrained from deadly force?
20-741 Tacara Anderson, on Behalf of Minor Child M. A. v. Officer Jonathan Vazquez Eleventh Circuit 2020-11-30 Denied Response Waived 4th-amendment bodily-injury civil-rights due-process excessive-force law-enforcement qualified-immunity use-of-force Are federal courts required to afford qualified immunity to a law enforcement officer who released a K9 on a child who weighed 75 pounds and was 4 fee…
20-744 Michael Wigginton, Jr. v. The University of Mississippi, et al. Fifth Circuit 2020-11-30 Denied Response Waived 42-usc-1983 circuit-split civil-rights clearly-established-right due-process fifth-circuit hope-v-pelzer qualified-immunity state-actors supreme-court-precedent Whether the Fifth Circuit's grant of qualified immunity to the state actors named in the instant matter was violative of Supreme Court precedent estab…
20-738 Donald Grochowski, as Administrator of the Estate of Kenneth Grochowski, Deceased, et al. v. Clayton County, Georgia, et al. Eleventh Circuit 2020-11-27 Denied Response Waived cell-design civil-rights detainee-safety due-process inadequate-staffing jail-conditions legislative-immunity objective-reasonableness qualified-immunity substantial-risk Jail supervisor policymakers and Clayton County, Georgia were sued by detainee Grochowski's representatives for the known conditions and systems they …
20-6431 John L. Howell v. David Adler, et al. Fifth Circuit 2020-11-25 Denied IFP article-iii-powers bankruptcy barton-injunctions civil-procedure civil-rights constitutional-rights due-process judicial-immunity non-core-claims qualified-immunity quasi-judicial-immunity To deny a plaintiff's constitutional right to due process and prohibit suit against a particular set of defendants who it wishes to shield from liabil…
20-726 In Re Stephanie Michael 2020-11-25 Denied Response Waived administrative-procedure administrative-procedure-act forum-non-conveniens judicial-review mandamus qualified-immunity res-judicata va-benefits veterans-claims veterans-judicial-review-act 1. Whether agency actions affecting the provision of VA benefits under applicable law may be reviewed by any other official or by any court of compete…
20-6416 Devon M. Byrd v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-24 Denied IFP civil-procedure civil-rights due-process qualified-immunity standing takings-clause Does Martinez v. Ryan bar procedurally defaulted substantial ineffective assistance of counsel claims under 28 U.S.C. § 2254(d)? Are the precedents i…
20-676 J. P., By and Through His Guardian Ad Litem, Shannon Villanueva v. Alameda County, California, et al. Ninth Circuit 2020-11-17 Denied civil-rights constitutional-rights due-process emotional-harm fair-notice first-amendment foster-care fourteenth-amendment qualified-immunity I. Emotional harm alone triggers 42 U.S.C. §1983 liability. The Ninth Circuit granted qualified immunity on J.P.s First and Fourteenth Amendment claim…
20-670 Jill Dillard, et al. v. Kathy O'Kelley, et al. Eighth Circuit 2020-11-16 Denied Response Waived circuit-split constitutional-right constitutional-rights digital-age informational-privacy precedent-analysis qualified-immunity sexual-abuse supreme-court-precedent 1. Whether the Court's opinion in National Aeronautics and Space Administrator, et al. v. Nelson, 562 U.S. 134 (2011), diverged from its previous hold…
20-636 Shase Howse v. Thomas Hodous, et al. Sixth Circuit 2020-11-10 Denied and strike him in the neck when he poses no threa and whether a Fourth Amendment malicious prosecut tackle him circuit-split civil-rights excessive-force false-arrest fourth-amendment malicious-prosecution qualified-immunity unlawful-arrest 1. Whether the law is clearly established that an officer cannot arrest a person whom the officer has no reason to believe committed a crime, tackle h…
20-605 Kiernan Wholean, et al. v. CSEA SEIU Local 2001, et al. Second Circuit 2020-11-05 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense qualified-immunity unconstitutional Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig…
20-600 Anthony Sevy v. Philip Barach Sixth Circuit 2020-11-04 Denied 4th-amendment civil-rights constitutional-rights excessive-force first-amendment free-speech government-official qualified-immunity retaliation retaliatory-force symbolic-protest Does the First Amendment, which prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, …
20-582 Shadreck Kifayatuthelezi v. South Carolina Department of Corrections, et al. Fourth Circuit 2020-11-03 Denied civil-rights compensation eighth-amendment fourteenth-amendment incarceration qualified-immunity release-date seventh-amendment state-law I. Whether the Eighth Amendment, the Fourteenth Amendment, and/or state law provide a source of compensation when an inmate is incarcerated past his l…
20-585 Greg Vasquez, et al. v. Maritza Amador, Individually and as Representative of the Estate of Gilbert Flores and as Next Friend of Minor R. M. F., et al. Fifth Circuit 2020-11-03 Denied Amici (1)Response RequestedRelisted (2) civil-rights deadly-force fourth-amendment law-enforcement police-intervention police-use-of-force qualified-immunity reasonableness-standard suicide-by-cop use-of-force 1. Viewing the facts from the officers' perspective at the time of the incident, did they act reasonably, under the Fourth Amendment, when an officer …
20-578 Sergeant Gary Hedger, et al. v. Ronald Graves Sixth Circuit 2020-11-02 Denied Response RequestedRelisted (7) deadly-force fourth-amendment homicidal-suspect law-enforcement perceived-threat qualified-immunity taser-deployment use-of-force violent-suspect Did the Sixth Circuit misapply or disregard this Court's precedent by holding that a law enforcement officer violates the Fourth Amendment and clearly…
20-6177 John Leo Davis v. Goodyear Police Department, et al. Ninth Circuit 2020-10-30 Denied Relisted (2)IFP civil-procedure civil-rights due-process law-enforcement prisoner-rights qualified-immunity retaliation sexual-abuse standing 1. Whether it is proper for a district court to dismiss a Complaint, sua sponte, before the parties have had an opportunity to conduct discovery or en…
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 …
20-508 Brandon S. LaVergne v. Michael Vaughn, et al. Fifth Circuit 2020-10-16 Denied Response Waived civil-rights due-process first-amendment free-speech mail-restriction qualified-immunity religious-freedom solitary-confinement turner-test 1) Can a prisoner's 1st amendment right to correspondence be totally "revoked" without a hearing or due process? This included all religious mail, edu…
20-476 Rafael Martinez, et al. v. Bryheim Jamar Baskin New Jersey 2020-10-13 Denied 42-u.s.c.a.-§-1983 civil-procedure civil-rights constitutional-violation due-process law-enforcement municipal-liability police-misconduct qualified-immunity section-1983 Is the petitioner/Police Detective Rafael Martinez protected by "qualified immunity" in this action brought under the jurisprudence of 42 U.S.C.A. § 1…
20-477 Shanika Day, et al. v. Franklin Wooten, et al. Seventh Circuit 2020-10-13 Denied Response RequestedResponse WaivedRelisted (2) asphyxiation civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement positional-asphyxiation qualified-immunity section-1983 A law enforcement officer is not entitled to qualified immunity in a § 1983 excessive force action if he violated a constitutional right which was cle…
20-5955 Charles Lynch Pettis v. United States Eighth Circuit 2020-10-08 Denied Relisted (3)IFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing IS A DEFENDANT'S PLEA OF GUILTY VALID WHERE THERE IS NO UNDERSTANDING OF THE ESSENTIAL ELEMENT OF A STATUTE OR THE ESSENTIAL ELEMENT AT THE TIME OF TH…
20-5946 Roberto Antoine Darden v. Barbara Von Blanckensee, Warden Ninth Circuit 2020-10-07 Denied Response WaivedIFP administrative-law civil-rights disciplinary-notice district-court due-process federal-procedure habeas-corpus liberty-interest prisoner-rights procedural-grounds qualified-immunity I. May a personal locker be a disciplinary notice wrote in fact if nothing wrote links the sulprit to it? II. May a tribunal limit its review of a pr…
20-445 Matthew Anderson v. John Bonnewell, et al. Delaware 2020-10-07 Denied Response Waived 8th-amendment civil-rights correctional-officers due-process eighth-amendment excessive-force intent prison-conditions qualified-immunity summary-judgment 1. Whether a trial court can disregard the five factors set forth in Whitley v. Albers, 475 U.S. 312 (1986), in an Eighth Amendment excessive force ca…
20-5911 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-10-05 Denied Relisted (2)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Question not identified.
20-422 Sarah R. Lee v. Ohio Education Association, et al. Sixth Circuit 2020-10-02 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 civil-rights constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that the Constitution forbids public-…
20-5846 Anthony C. Green v. Kelly Lake, Sheriff, Carlton County, Minnesota, et al. Eighth Circuit 2020-10-01 Denied Response WaivedRelisted (2)IFP 8th-circuit civil-commitment civil-rights constitutional-standard due-process excessive-force fourteenth-amendment objective-reasonableness qualified-immunity The question presented is whether the 8th Circuits ' decision is contrary to this Court 's decision in Kingsley.
20-391 Jody Lombardo, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2020-09-25 Denied Amici (3)Relisted (21) civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-misconduct qualified-immunity reasonable-jury Whether a reasonable jury could find that officers used excessive force when they put a handcuffed and shackled person face-down on the ground and pre…
20-381 Hamilton County Job and Family Services, et al. v. Joseph Siefert, et ux. Sixth Circuit 2020-09-24 Denied 42-usc-1983 child-services circuit-conflict civil-rights due-process medical-care qualified-immunity state-action state-actor A. Did the Sixth Circuit err when it failed to conduct an individualized analysis of Petitioners' actions before blanketly rejecting their asserted de…
20-5789 Gerard Nguedi v. Brian Caulfield, et al. Second Circuit 2020-09-24 Denied IFP civil-procedure civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct qualified-immunity Are police officers entitled to qualified immunity as a matter of law—even if they use substantial force against non-threatening suspected misdemeanan…
20-5745 Bradley William Monical v. Christina Towers, et al. Ninth Circuit 2020-09-17 Denied Response WaivedIFP administrative-law civil-rights constitutional-provisions due-process government-employees governmental-powers judicial-review legal-standards park-county-orders qualified-immunity statutory-provisions Question not identified.
20-353 J. H., By Conservator, Betty Harris v. Williamson County, Tennessee, et al. Sixth Circuit 2020-09-16 Denied civil-procedure civil-rights constitutional-rights due-process fair-warning hope-v-pelzer qualified-immunity reasonable-standard state-actor 1. Is Hope v. Pelzer dead in the Court's analysis of qualified immunity? If Hope v. Pelzer is dead, the lower courts, the federal court bar, and the l…
20-346 D. Ashley Pennington v. Beattie I. Butler Fourth Circuit 2020-09-15 Denied Response Waived civil-procedure civil-rights due-process employment-termination first-amendment fourth-circuit public-defender qualified-immunity scott-v-harris standing 1. Whether the Fourth Circuit, consistent with this Court's decision in Scott v. Harris, 550 U.S. 372 (2007), should have exercised jurisdiction and c…
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Officer Austin Bass ("Officer Bass") responded to a burglar alarm and found Patrick Greve ("Greve") outside a locked and closed nightclub, wrapped in …
20-263 Nanette Blanchard-Daigle, Representative of the Estate of Lyle Blanchard v. Shane Geers, et al. Fifth Circuit 2020-09-02 Denied civil-procedure civil-rights constitutional-rights due-process excessive-force fifth-circuit law-enforcement police-misconduct qualified-immunity use-of-force 1. Whether the Fifth Circuit erred by overlooking precedent in determining whether an officer enjoys qualified immunity after applying deadly excessiv…
20-5573 In Re Abdul Mahhadie Underwood 2020-09-02 Denied IFP civil-rights due-process equal-protection exhaustion-of-remedies qualified-immunity standing Question not identified.
20-253 Christopher Castagna, et al. v. Harry Jean, et al. First Circuit 2020-09-01 Denied community-caretaking fourth-amendment home-sanctity police-intrusion qualified-immunity sanctity-of-home search-and-seizure warrantless-entry The Third and Seventh Circuits have held that the community caretaking exception established by Cady v. Dombrowski, 413 U.S. 433 (1973) does not apply…
20-245 Patricia Nelson v. Esteban Rivera Sixth Circuit 2020-08-31 Denied Response RequestedResponse WaivedRelisted (2) civil-rights excessive-force eyewitness-testimony qualified-immunity summary-judgment tolan-v-cotton Whether the Sixth Circuit erred when it conspicuously disregarded the standard set forth in Tolan v. Cotton, 572 U.S. 650 (2014) by granting qualified…
20-5550 Robert Kelvin Lindbloom v. Manatee County, Florida, et al. Eleventh Circuit 2020-08-31 Denied IFP civil-procedure civil-rights false-evidence legal-procedure motion-to-dismiss perjury qualified-immunity standing Do specific and particular allegations of perjury and submitting false evidence overcome a presumption of qualified immunity in a Motion to Dismiss?
20-5526 Norman Paul Blanco v. Debbie Asuncion, Warden Ninth Circuit 2020-08-27 Denied IFP 42-usc-1983 civil-rights due-process municipal-liability qualified-immunity supervisory-liability Question not identified.
20-5504 Kevin L. Martin v. Cathleen Capron, et al. Seventh Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP appellate-jurisdiction civil-rights court-discretion due-process equal-protection federal-pleading jurisdictional-review pleading-standards procedural-standards qualified-immunity standing statutory-interpretation Whether the court of appeals dealt with the merit and merits due in good faith process protection protect mactin in this case. 2) District court abus…
20-226 Kenneth Ratliff v. Aransas County, Texas, et al. Fifth Circuit 2020-08-26 Denied Response Waived civil-procedure civil-rights due-process excessive-force municipal-liability pleading-standard qualified-immunity summary-judgment 1. Instead of relying on discovery control and summary judgments to weed out frivolous claims, should the lower federal courts nonetheless be allowed …
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…
20-183 Billy D. Stair, III v. Charles Jackson Eighth Circuit 2020-08-19 Denied excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in den…
20-5400 Gary Allen Kachina v. United States Eighth Circuit 2020-08-18 Denied Relisted (3)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Does (8 U.s.c.S9a4ca) provide For criMinal penalties TO Fesons Who possess FireArMs Absent proof that They Knew of their Felon STatUs under plaln Err…
20-5350 Jordan Duke Venable v. City of Phoenix, Arizona, et al. Ninth Circuit 2020-08-13 Denied Response WaivedIFP access-to-courts administrative-remedies civil-rights due-process prison-mail qualified-immunity c.^1- of o^\6^ i/wa\|^ra^5Jont P\o\^ c^^eo\ \0 ^ 4+KcW d'A vvs-Vao\ OK Vk^ e^li Afy ofOK avs \e^r W.5 e^ o>K\CM
20-5353 Ramone L. Wright v. United States Sixth Circuit 2020-08-13 Denied Response WaivedIFP 42-usc-1983 appellate-procedure civil-rights constitutional-law due-process equal-protection judicial-review legal-precedent qualified-immunity standing statutory-interpretation DiDthE CoUtERR N P/EA DEFENDANT while HEWAS UNDER HUENCE IN thE Psychiatric MEDICINE REMEON MEDICA/ FiLE CE.C.F. NO.8 atPE SEE.B.O.P. ID #341 that inr…
20-5230 Arthur Lopez v. Newport Beach Police Department, et al. Ninth Circuit 2020-07-30 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights due-process probable-cause qualified-immunity search-and-seizure Question not identified.
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…
20-5140 Wilfredo Torres v. City of New York, New York, et al. Second Circuit 2020-07-22 Denied Response WaivedIFP appellate-review civil-procedure civil-rights district-court due-process judicial-procedure petition-for-certiorari qualified-immunity standing warrantless-raids warrantless-search On 7-08-2029 I filed case 19CV6332 at the U.S. District Court-Southern District of New York, against the domestic assassinations program of the U.S. C…
20-50 Monica Voss v. Gregory G. Goode Fifth Circuit 2020-07-21 Denied 4th-amendment appellate-review civil-procedure civil-rights clearly-established-right due-process fourth-amendment qualified-immunity section-1983 standing sua-sponte 1. Whether an appellate court may, sua sponte, impute the actions of a third party to a § 1983 claimant as the sole basis for extending qualified immu…
20-43 Amanda N. Reich, et al. v. City of Elizabethtown, Kentucky, et al. Sixth Circuit 2020-07-17 Denied civil-rights due-process police-shooting qualified-immunity section-1983 sham-affidavit summary-judgment In this Section 1983 police-shooting case, the district court struck the sworn affidavit of petitioner Amanda Reich from the summary judgment record, …
20-31 Prince McCoy, Sr. v. Tajudeen Alamu Fifth Circuit 2020-07-16 GVR Response RequestedResponse WaivedRelisted (4) 8th-amendment circuit-split civil-rights eighth-amendment excessive-force hudson-factors prison-conditions prisoner-rights qualified-immunity Respondent is a prison guard who attacked an asthmatic prisoner in the face with a can of mace "for no reason at all." The Fifth Circuit held that Res…
20-21 Billy Duane Card Fleshner v. Matthew Tiedt, et al. Eighth Circuit 2020-07-14 Denied Response Waived 8th-amendment civil-rights constitutional-violation due-process excessive-force law-enforcement police-accountability police-misconduct qualified-immunity Can Peace Officers use excessive force when the force is objectively unreasonable and it violates well established case law and department policies? …
20-13 Brandon S. Lavergne v. Burl Cain, Warden, et al. Fifth Circuit 2020-07-13 Denied Response WaivedRelisted (2) civil-procedure civil-rights constitutional-rights disciplinary-action due-process equal-protection first-amendment free-speech legal-correspondence prisoner-mail qualified-immunity standing 1. Did the state actors Paul Smith, Amber Vittorio and Michael Vaughn violate my 6th and 14th Amendment rights by finding me guilty of a rule violatio…
19-8930 Reginald L. Dunahue v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2020-07-08 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review prison-conditions qualified-immunity standing Th C Ab Petitioner Appointment Of Caunsel? n il Co y iA gi Wendy kelley Mashall Red Jy Andw icials he CAy Cancurring withhe . istrict Court' misl? …
19-1466 Tammy Korthals v. Bradley Strozeski Sixth Circuit 2020-07-07 Denied Response Waived 42-usc-1983 civil-procedure civil-rights due-process hope-v-pelzer non-decisional-evidence police police-liability qualified-immunity standing Whether non-decisional evidence must be considered when determining the protections of qualified immunity for a police officer as originally held in H…
19-1430 Richard Polidi v. Michelle K. Lee, et al. Federal Circuit 2020-06-26 Denied Response WaivedRelisted (2) absolute-immunity brady-v-maryland civil-procedure civil-rights constitutional-rights due-process ethics-prosecution exculpatory-evidence federal-circuit-jurisdiction fifth-amendment immunity qualified-immunity standing subject-matter-jurisdiction Whether the Fifth Amendment to the United States Constitution provides a legal or declaratory remedy, consistent with Bivens v. Six Unknown Named Agen…
19-1416 Mateusz Fijalkowski v. M. Wheeler, et al. Fourth Circuit 2020-06-25 Denied civil-procedure civil-rights constitutional-law due-process judicial-doctrine law-enforcement police-misconduct qualified-immunity standing takings western-political-theory Whether the Court should revisit its qualified immunity doctrine, which stands in derogation of over three hundred years of Western political theory a…
19-8785 Brandon Williams v. Roy Cooper, Governor of North Carolina, et al. Fourth Circuit 2020-06-23 Denied IFP bill-of-rights civil-procedure civil-rights constitutional-violations due-process federal-jurisdiction judicial-ethics qualified-immunity standing I. Did the United States Court of Appeals for the Fourth Circuit exceed its enumerated powers and violate basic principles of federalism which seemed …
19-1379 Andrew McKinley v. Christopher Lee-Murray Bey Sixth Circuit 2020-06-16 Dismissed Response Waived civil-rights constitutional-rights equal-protection fourth-amendment investigation investigatory-detention law-enforcement pre-contact qualified-immunity race race-discrimination Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race-related reasons to break off the investigat…
19-8699 Jeremy P. Spencer v. Lieutenant Minter, et al. Fifth Circuit 2020-06-15 Denied IFP 4th-amendment civil-rights due-process excessive-force qualified-immunity unlawful-arrest Jeremy P. Spencer - Petitioner seeking Relief in each defendant's Individual Capacity, for Compensatory Damages and Punitive Damages for Physical, Men…
19-1370 Kimberley Thames v. City of Westland, Michigan, et al. Sixth Circuit 2020-06-12 Denied abortions brandenburg-test criminal-threat first-amendment free-speech monell-claim municipal-liability naacp-v-claiborne-hardware qualified-immunity true-threats westland 1. Did Petitioner's arrest and subsequent detention based on her speech violate her clearly established rights as set forth in Watts v. United States,…
19-8613 Abdul Shabazz Wiggins v. Virginia Virginia 2020-06-05 Denied IFP anderson-v-creighton civil-rights due-process graham-v-connor hope-v-pelzer hudson-v-mcmillian qualified-immunity strickland-v-washington supreme-court-precedent use-of-force 1. Whether the General District and Circuit Courts of Suffolk ignored the defendant's right to Qualified Immunity as set forth in Hudson v. McMillian …
19-8511 Herbert W. Morrison, Jr. v. Andrew J. Hale Eighth Circuit 2020-05-21 Denied Response WaivedIFP 4th-amendment civil-rights civil-rights-action collateral-estoppel fourth-amendment heck-doctrine Heck-v-Humphrey illegal-search-and-seizure qualified-immunity section-1983 Whether a 42 U.S.C. §1983 civil rights action based on Fourth Amendment illegal search and seizure claims are barred under the Doctrine of Heck v. Hum…
19-8512 Alexander P. Mhlanga v. Jennifer Hicks Sixth Circuit 2020-05-21 Denied Response WaivedIFP 14th-amendment 4th-amendment civil-rights damages due-process qualified-immunity I -DID DEFENDANT VIOLATE PLAINTIFF'S RIANTS UNDEL THE FOURTH TIOKETS UNDER COCOR OF LAW AND COST PEAINTIFF TWO SEPARATE ARRESTS 2-DD ERENDANT DEPRIVE…
19-8506 David James Ward v. United States Third Circuit 2020-05-20 Denied Response WaivedIFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Question not identified.
19-8495 Misbah Abdul-Kareem v. Vermont Department of Health Second Circuit 2020-05-18 Denied IFP civil-procedure civil-rights due-process free-speech qualified-immunity standing Question not identified.
19-1291 Charles Hamner v. Danny Burls, Warden, et al. Eighth Circuit 2020-05-14 Denied Amici (7) affirmative-defense circuit-split civil-procedure civil-rights constitutional-law constitutional-prong due-process federal-appellate-courts qualified-immunity standing state-actors sua-sponte "Since qualified immunity is a defense, the burden of pleading it rests with the defendant." Gomez v. Toledo, 446 U.S. 635, 640 (1980). Nonetheless, t…
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Question 1. Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked prob…
19-1266 H. B., a Minor, Individually and as Successor in Interest to Michelle Lee Shirley, By and Through His Guardian ad Litem, Ronnie Shirley v. City of Torrance, California, et al. Ninth Circuit 2020-05-05 Denied Response Waived 4th-amendment civil-rights excessive-force fourth-amendment objective-reasonableness police-conduct qualified-immunity scott-v-harris summary-judgment use-of-force In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of leth…
19-1261 Trent Michael Taylor v. Robert Riojas, et al. Fifth Circuit 2020-04-30 GVR Amici (2)Relisted (4) 42-usc-1983 circuit-split civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment eighth-amendment government-officials obvious-violation prisoner-rights qualified-immunity section-1983 standing Respondents are prison officials who deliberately left Petitioner Trent Taylor naked for six days in two filthy cells; the first cell was covered from…
19-1225 Paul Hunt v. Board of Regents of the University of New Mexico, et al. Tenth Circuit 2020-04-17 Denied Amici (8)Relisted (7) constitutional-rights first-amendment free-speech off-campus-speech political-speech professional-conduct professional-norms public-university qualified-immunity student-speech university-policy Whether Respondents violated Mr. Hunt's clearly established rights as a private citizen under the First Amendment by punishing him for his off-campus,…
19-8265 Jerry Wilson Hartley v. United States Fourth Circuit 2020-04-15 Denied Response WaivedIFP appellate-review civil-rights constitutional-interpretation damages due-process judicial-review legal-scope procedural-rights qualified-immunity standing state-actor Question not identified.
19-8224 James William Neuman v. Nathan Callahan, et al. Iowa 2020-04-08 Denied IFP civil-rights clerk-conspiracy court-records document-tampering due-process fraud fraud-allegations judicial-misconduct qualified-immunity retaliation theft 1. Do the Black Hawk County Clerks have qualified Immunity when they conspired to delete or erase a 200 dollar payment to the clerk's office under rec…
19-8083 Antwune Washington v. Mississippi Mississippi 2020-03-23 Denied Response WaivedIFP civil-procedure civil-rights due-process qualified-immunity standing takings I. Justification of necessity is not excluded as a defense to the offense of possession of a firearm by a felon, nor has it been excluded as a defense…
19-1130 Dale Danielson, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2020-03-16 Denied Relisted (9) 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights court-ruling good-faith-defense private-entities qualified-immunity restitution retroactivity takings In Wyatt v. Cole, 504 U.S. 158 (1992), this Court held that qualified immunity is categorically unavailable to private entities who violate 42 U.S.C. …
19-1126 Stacey Mooney v. Illinois Education Association, et al. Seventh Circuit 2020-03-13 Denied Relisted (9) 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 takings Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that the Constitution forbids public-…
19-7902 In Re Darnell W. Moon 2020-03-06 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings Question not identified.
19-1093 Aleashia Clarkston, et al. v. John White Fifth Circuit 2020-03-05 Denied Response Waived civil-rights constitutional-rights due-process fifth-circuit government-officials legal-standard qualified-immunity section-1983 standing takings Did the Fifth Circuit err in holding that there is a second type of qualified immunity—that government officials are also entitled to qualified immuni…
19-1083 Jeffrey A. Clouser v. Kim Doherty, et al. Delaware 2020-03-04 Denied Response Waived civil-rights conflict-of-interest constitutional-rights due-process equal-protection official-misconduct qualified-immunity sovereign-immunity state-tort-claims state-tort-claims-act whistleblower-protection I. A Delaware Department of Education official, sued in his official and individual-capacities, knowingly disregarded available results of a State Pol…
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…
19-1067 Neal N. Browder, et al. v. S. R. Nehad, et al. Ninth Circuit 2020-02-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force due-process emergency-response fourth-amendment law-enforcement police-conduct police-shooting qualified-immunity use-of-force Shortly before midnight on April 29, 2015, a bookstore clerk saw Fridoon Rawshan Nehad in an alley. Nehad, who was incoherent, pulled a knife out of h…
19-7790 Brenda Mason, Individually and on Behalf of Quamaine Dwayne Mason, et vir v. Martin Faul Fifth Circuit 2020-02-26 Denied Relisted (6)IFP civil-procedure civil-rights constitutional-rights due-process excessive-force fifth-circuit objective-reasonableness police-misconduct qualified-immunity standing use-of-force This case involves the use of excessive force by a police officer that was determined by a jury to be "objectively unreasonable" but nonetheless resul…
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…
19-1033 Daniel Enrique Cantú v. James M. Moody, et al. Fifth Circuit 2020-02-19 Denied bivens bivens-claim civil-rights constitutional-violation due-process evidence-fabrication fabricated-evidence federal-officer qualified-immunity standing The question presented is whether a plaintiff may pursue a claim under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S.…
19-7709 John A. Toth v. Peter Antonacci, et al. Eleventh Circuit 2020-02-19 Denied IFP 42-usc-1983 civil-rights constitutional-violation criminal-procedure due-process eleventh-circuit equal-protection federal-review habeas-corpus ineffective-assistance qualified-immunity treaty Question not identified.
19-1021 Micah Jessop, et al. v. City of Fresno, California, et al. Ninth Circuit 2020-02-18 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment law-enforcement police-misconduct property-rights property-seizure qualified-immunity search-and-seizure search-warrant seizure Whether it is clearly established that the Fourth Amendment prohibits police officers from stealing property listed in a search warrant.
19-7657 Marion L. Sherrod v. Sidney D. Harkelroad, et al. Fourth Circuit 2020-02-12 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process exclusionary-rule fourth-amendment probable-cause qualified-immunity seizure seizure-disorder standing warrantless-search Whether the s. Corto Appes appction f the discretona waiver doctrine prejidiced M. Sherod a pro e petitionn Whether under Artice of the Constittion o…
19-7619 Therian Cornelia Wimbush v. R. L. Conway, et al. Eleventh Circuit 2020-02-10 Denied IFP civil-procedure civil-rights due-process government-liability law-enforcement qualified-immunity Question not identified.
19-1001 Noble Cooper, et al. v. Officer Oliver Flaig, et al. Fifth Circuit 2020-02-10 Denied Response WaivedRelisted (7) civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-accountability qualified-immunity Should the Court eliminate or significantly revise the judicially created doctrine of qualified immunity to protect the people's core constitutional r…
19-7554 Roger Hillygus v. Frances Doherty, et al. Ninth Circuit 2020-02-05 Denied Response WaivedIFP 42-usc-1983 civil-rights civil-rights-42-usc-1983,false-arrest,due-process, due-process false-arrest guardianship-fraud judicial-procedure qualified-immunity standing 1. Did the trial court err when it dismissed with prejudice all of Plaintiffs' claims under 42 USC § 1983 when Plaintiff Roger Hillygus has suffered f…
19-7565 Tyree Wright v. S. Alvarez, et al. Eleventh Circuit 2020-02-05 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference diagnostic-imaging due-process eighth-amendment inmate-rights medical-care medical-records prison-healthcare qualified-immunity 1. While you are incarcerated in the Florida Department of Corrections (FDOC), how are you supposed to notify Medical of your prior medical history/he…
19-7508 Jeffrey D. Leiser v. Karen Kloth, et al. Seventh Circuit 2020-01-30 Denied Response RequestedResponse WaivedRelisted (2)IFP by triggering PTSD symptoms rise to a level that is cognizable under the Eigh that caused psychological harm civil-rights correctional-officer correctional-officer-duties due-process eighth-amendment emotional-distress inmate-rights intentional-infliction-of-emotional-distress psychological-harm ptsd qualified-immunity 1. Does the intentional infliction of severe emotional distress, by triggering PTSD symptoms, that caused psychological harm, rise to a level that is…
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…
19-7444 Ameen Abdullah Muhammad v. John Kozelski, et al. Fourth Circuit 2020-01-28 Denied IFP administrative-law civil-procedure civil-rights due-process equal-protection qualified-immunity standing statutory-interpretation Question not identified.
19-7452 Jeffrey R. Golin, et ux. v. San Andreas Regional Center, et al. California 2020-01-28 Denied IFP 42-usc-1983 civil-procedure civil-rights civil-rights-42-usc-1983 constitutional-violation developmental-disability due-process government-officials governmental-duties governmental-immunity harmless-error jury-determination qualified-immunity standing Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights actio…
19-7453 Nancy Delaney v. San Andreas Regional Center, et al. California 2020-01-28 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights civil-rights-42-usc-1983 constitutional-violation developmental-disability due-process government-officials governmental-duties harmless-error involuntary-confinement jury-determination qualified-immunity standing 1. Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights ac…
19-926 Kim Davis v. David Ermold, et al. Sixth Circuit 2020-01-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) ashcroft-v-al-kidd civil-rights constitutional-rights due-process obergefell-v-hodges qualified-immunity religious-freedom same-sex-marriage sixth-circuit zablocki-v-redhail 1. Whether the Sixth Circuit erred when, citing Obergefell v. Hodges, it created a special standard for a same-sex couple's claimed temporary burden o…
19-7366 In Re Andrew J. Johnston 2020-01-22 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection qualified-immunity standing takings Does the court of appeals' circuit precedent in United States v. Bilanzich, 771 F.2d 292 (7th Cir. 1985) accurately reflect the legislative intent/his…
19-899 Shaniz West v. Doug Winfield, et al. Ninth Circuit 2020-01-21 Denied Amici (3)Relisted (6) 4th-amendment civil-rights consent due-process excessive-force fourth-amendment law-enforcement property-damage property-rights qualified-immunity Whether an officer who has consent to "get inside" a house but instead destroys it from the outside is entitled to qualified immunity in the absence o…
19-889 Kaufman County, Texas, et al. v. Eunice J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer, et al. Fifth Circuit 2020-01-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights due-process fifth-circuit law-enforcement police-conduct qualified-immunity summary-judgment use-of-force 1. Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly esta…
19-7319 Thomas Bradford Waters v. John Stewart, et al. Fourth Circuit 2020-01-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-procedure civil-rights constitutional-claims due-process evidentiary-standards excessive-force free-speech judicial-interpretation legal-procedure procedural-review qualified-immunity standing summary-judgment takings Question not identified.
19-868 Aaron Miner, et al. v. Steven L. Picatti Idaho 2020-01-14 Denied Response RequestedRelisted (2) 42-U.S.C.-1983 42-usc-1983 civil-rights clearly-established-rights constitutional-rights excessive-force factual-disputes qualified-immunity summary-judgment In this excessive force case under 42 U.S.C. § 1983, the defendant officials (petitioners here) moved for summary judgment arguing that, on the facts …
19-872 Matthew Reid Hinson v. R. A. Bias, et al. Eleventh Circuit 2020-01-14 Denied Response RequestedResponse WaivedRelisted (3) appellate-jurisdiction civil-procedure collateral-order district-court factual-review factual-sufficiency qualified-immunity summary-judgment surveillance-video Did the Eleventh Circuit exceed its limited jurisdiction when, on appeal from a denial of summary judgment in a qualified-immunity case, it vacated th…
19-7226 Tony Robinson v. Illinois Illinois 2020-01-13 Denied Response WaivedIFP 35-usc-101 civil-procedure civil-rights due-process equal-protection first-amendment patent qualified-immunity standing takings Question not identified.
19-7252 Clarence Joseph Jason v. Robert Tanner, Warden, et al. Fifth Circuit 2020-01-10 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process excessive-force inmate-safety prison-conditions qualified-immunity 1). Whether a Prison "Too ontyo\ Poli [te ot O woon Oviso of fi ta 9 ya t\n Ve oi \i 2). What evidence must be adduced showing a prison officials "kn…
19-7199 Paul Tooly v. John F. Schwaller Second Circuit 2020-01-07 Denied Response WaivedRelisted (2)IFP civil-rights due-process employee-rights first-amendment free-speech qualified-immunity retaliation standing university-administration workplace-violence John Schaller, the then President of The State University of New York (SUNY) at Potsdam, should not be allowed qualified immunity for many reasons. A…
19-842 Mark J. Schwartz v. Clark County, Nevada, et al. Ninth Circuit 2020-01-03 Denied abuse-of-discretion civil-procedure civil-rights district-court-discretion federal-jurisdiction judicial-bias qualified-immunity section-1983 seniority-manipulation state-law supplemental-jurisdiction A. Does the di strict court abuse i ts discreti on when i t fails to di fferenti ate between federal and state l aw when exerci sing its authori ty ov…
19-811 Christine Almas Rose, Individually and as Mother of Jessie Lee Rose, et al. v. City of Utica, New York, et al. Second Circuit 2019-12-27 Denied Response Waived 2nd-amendment civil-rights constitutional-rights due-process excessive-force free-speech mental-health-intervention police-procedure qualified-immunity use-of-force Did the Second Circuit commit legal error when it granted qualified immunity to the police officer when: a. the officer's testimony about being shot a…
19-800 Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al. Fourth Circuit 2019-12-23 Denied Response Waived circuit-split civil-rights deshhaney due-process fourth-amendment police-liability qualified-immunity state-created-danger 1. Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's…
19-794 Daniel Macias, et al. v. Raymond Nichols, et al. Ninth Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-dispute civil-procedure civil-rights district-of-columbia-v-wesby fourth-amendment law-enforcement ninth-circuit probable-cause qualified-immunity section-1983 wesby A magistrate judge granted Riverside police officers qualified immunity on a § 1983 unlawful arrest claim, finding there was probable cause for the ar…
19-7028 Jess Lee Green v. Joe Errington Fifth Circuit 2019-12-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-provisions due-process equal-protection federal-jurisdiction jurisdiction qualified-immunity standing statutory-provisions Question not identified.
19-7036 Jeremy L. Dale v. Anthony Agresta, et al. Seventh Circuit 2019-12-20 Denied IFP 8th-amendment administrative-law civil-rights constitutional-damages cruel-and-unusual-punishment deliberate-indifference due-process excessive-force federal-tort-claims habeas-corpus medical-care prisoner-rights qualified-immunity Y MR. depriveration of Rigt's ? (SecONd TSSUE $1983, persons liable ndto $ 1983 dAmAgES WAs itUuncnstitio oeni f mdcal d M D tmutoA C A DENiaM2.DAlE…
19-6985 Boaz Pleasant-Bey v. Shelby County, Tennessee, et al. Sixth Circuit 2019-12-18 Denied Response WaivedIFP appellate-procedure appropriate-relief circuit-court-conflict first-amendment-free-exercise inmate-led-religious-services inmate-rights qualified-immunity rluipa rluipa-appropriate-relief-clause sixth-circuit trial-on-merits trial-on-the-merits I.) WHETHER RLUIPA'S "APPROPRIATE RELIEF " CLAUSE ENCOMPASSES THE REQUESTED RELIEF OF A TRIAL ON THE MERITS AND IF SO, DID PLAINTIFF'S REQUEST OF A …
19-6982 Ernest Collins v. Barnes & Thornburg LLP, et al. Seventh Circuit 2019-12-17 Denied Relisted (2)IFP 1983-civil-rights-act case-review civil-procedure civil-rights due-process eighth-amendment excessive-fines federal-procedure fourteenth-amendment incorporation judicial-discretion qualified-immunity section-1691 standing statutory-interpretation DOES THE DISCRETIONARY FUNCTIONS EXCEPTIONS IN 28 U.S.C. 2680(a) APPLY WHEN THE ALLEGED RIGHTS DOES THE "COMMITTED TO AGENCY DISCRETION" EXCEPTION IN…
19-771 Gerald Sensabaugh v. Kimberly Halliburton, et al. Sixth Circuit 2019-12-16 Denied Response Waived civil-procedure civil-rights common-law due-process first-amendment free-speech personnel-file protected-speech public-employee qualified-immunity retaliation standing takings 1. Whether the Court should reconsider its qualified immunity jurisprudence to accord with the official's burden of establishing immunity entitlement …
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…
19-725 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…
19-701 Lloyd N. Johnson v. Karen Rimmer, et al. Seventh Circuit 2019-12-03 Denied civil-procedure civil-rights deliberate-indifference due-process immunity institutional-care medical-care medical-negligence mental-health professional-judgment qualified-immunity standing youngberg This petition poses two questions: first, whether the "professional judgment standard" this court articulated in Youngberg can be reduced to "whethe…
19-6776 William Dawson v. Bryan K. Wells Fourth Circuit 2019-11-27 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-provisions criminal-procedure due-process excessive-force good-faith habeas-corpus jurisdiction police-misconduct qualified-immunity sentencing voluntary-manslaughter writ IF XKWESTX&AT OF^ XMTEMTXQMRLLV X MV ES TX & ft TBS, LO^AUUhl T/\1HERE. FLElEiM& VX&TXAA XLQLLAPAt/SSS ft klh &ZB£ AS dRSMBL SEEM EL - XAlST EA b QF…
19-682 Melanie Kelsay v. Matt Ernst Eighth Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split civil-rights due-process excessive-force fourth-amendment non-compliance police-misconduct qualified-immunity use-of-force Are police officers entitled to qualified immunity as a matter of law—even if they use substantial force against non-threatening suspected misdemeanan…
19-680 Kenneth Sealey, et al. v. J. Duane Gilliam, et al. Fourth Circuit 2019-11-26 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 4th-amendment civil-rights due-process summary-judgment civil-procedure civil-rights constitutional-rights district-court due-process fourth-circuit legal-analysis qualified-immunity standing summary-judgment The questions presented here are: 1. Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immu…
19-679 Amy Corbitt v. Michael Vickers Eleventh Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) burden-of-proof civil-rights constitutional-rights due-process excessive-force interlocutory-appeal law-enforcement pleading-requirement pleading-standards police-use-of-force qualified-immunity section-1983 use-of-force 1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or whether it is a pleading requir…
19-676 Joseph A. Zadeh, et al. v. Mari Robinson, et al. Fifth Circuit 2019-11-26 Granted Amici (2)Response RequestedResponse Waived civil-procedure civil-rights constitutional-rights due-process government-liability judicial-precedent law-enforcement legal-doctrine qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity.
19-661 Mynor Abdiel Tun-Cos, et al. v. B. Perrotte, et al. Fourth Circuit 2019-11-22 Denied 4th-amendment bivens bivens-action civil-rights constitutional-rights due-process federal-law-enforcement federal-tort-claims-act immigration-enforcement law-enforcement qualified-immunity search-and-seizure Whether victims of an unconstitutional search and seizure, who were subjected to a home raid and detention without a warrant or suspicion, by law enfo…
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…
19-656 William Anderson v. City of Minneapolis, Minnesota, et al. Eighth Circuit 2019-11-21 Denied Response RequestedResponse WaivedRelisted (6) circuit-split civil-rights constitutional-rights due-process emergency-responders first-responders hypothermia hypothermia-treatment qualified-immunity state-created-danger The Fourteenth Amendment provides that the government may not deprive any person of life, liberty, or property, without due process of law; nor deny t…
19-649 N. E. L., et al. v. Monica Gildner, et al. Tenth Circuit 2019-11-19 Denied Response Waived 4th-amendment child-custody civil-rights decisional-law due-process fourth-amendment jurisdiction post-removal-hearing post-seizure-hearing qualified-immunity uccjea Were Colorado's UCCJEA requirements detailed enough to defeat qualified immunity in a Fourth Amendment claim arising from the denial of a post-seizure…
19-624 Mark Graf, et al. v. Hyung Seok Koh, et ux. Seventh Circuit 2019-11-15 Denied Response Waived 5th-amendment civil-procedure civil-rights coercive-interrogation due-process fifth-amendment interlocutory-appeal johnson-v-jones qualified-immunity seventh-circuit (1) Whether the Seventh Circuit's renouncement of jurisdiction over Petitioners' interlocutory appeal misapplied Johnson v. Jones, 515 U.S. 304 (1995)…
19-626 Robert Huff, et al. v. Michele Choate Tenth Circuit 2019-11-15 Denied 4th-amendment civil-rights excessive-force fourth-amendment graham-v-connor pre-seizure-conduct qualified-immunity reckless-creation Graham v. Connor commands an officer's use of force be assessed for reasonableness under the "totality of the circumstances." 490 U.S. 386, 396 (1989)…
19A536 Octavio Diaz v. San Bernardino County, California California 2019-11-14 Presumed Complete due-process fourth-amendment probable-cause qualified-immunity self-defense summary-judgment Question not identified.
19-6625 Samuel R. Jones v. Erica Huss Sixth Circuit 2019-11-13 Denied IFP civil-procedure civil-rights due-process qualified-immunity question-not-identified search-and-seizure standing takings WHERE THEY WERE STANDING P 2HH O NOIH7OIN NI H5L 9NOD2S HI GNTHL80 H0EL SNQD : C2ALMHD SNODLOU OHO2 U.S. C.ONST., AM I AND CONST. 1963 ART. 1$ 15 ? F…
19-614 Cesar Vizcarra, et al. v. Monica Ortiz, Individually and as Co-Successor in Interest to Decedent Christian Pena, et al. Ninth Circuit 2019-11-13 Denied Response Waived anderson-v-liberty-lobby armed-suspect civil-rights excessive-force interlocutory-appeal johnson-v-jones law-enforcement mitchell-v-forsyth qualified-immunity summary-judgment taser 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…
19-609 Erin J. Shepherd, et al. v. Angela Studdard Sixth Circuit 2019-11-12 Denied Relisted (3) 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity sixth-circuit summary-judgment use-of-force 1. Police officers are entitled to qualified immunity unless they violate constitutional rights in factual situations squarely governed by controlling…
19-6512 Michael Allen Channel, Sr. v. John Brinker, et al. Ninth Circuit 2019-11-07 Denied IFP 4th-amendment civil-procedure civil-rights constitutional-law due-process excessive-force judicial-review legal-precedent qualified-immunity search-and-seizure standing statutory-interpretation Whether The Defcndant's Knwingly with willful Misconduct 1.7 Dut due process of Law. Yes s NO. 2.) Whether The DeFendant's Volated A.R.s.4. b) MEMoRAu…
19-580 Jun Xiao v. Regents of the University of Minnesota, et al. Minnesota 2019-11-04 Denied Relisted (2) civil-procedure civil-rights due-process Fourteenth Amendment equal-protection qualified-immunity civil-rights due-process equal-protection first-amendment fourteenth-amendment property-rights qualified-immunity section-1983 standing takings Whether the state district court erred in dismissing Petitioner's 42 U.S.C. § 1983, Fourteenth Amendment equal protection claim for failure to state a…
19-6480 Dario Rodriguez v. Rick Scott, et al. Eleventh Circuit 2019-11-04 Denied IFP civil-procedure civil-rights constitutional-rights due-process equal-protection federal-jurisdiction free-speech judicial-review legal-dismissal procedural-fairness qualified-immunity retaliation standing 1.) This Country built on Free speech and A55was ates Corstitution 15t, 4t2, 8114th. Anerchent.The right to protection against crnel & uushal paurshme…
19-6371 Wesley Jefferson v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-10-24 Denied Response WaivedIFP 18-usc-1505 18-usc-1515 18-usc-1519 civil-rights constitutional-rights discovery documentary-evidence due-process federal-procedure obstruction-of-justice qualified-immunity summary-judgment 1. Would a United States Federal Court be in error, if it granted qualified immunity to a Defendant in a case, where video and/or documentary evidence…
19-523 Victor Bernard Williams v. Baptist Health, dba Baptist Health Medical Center, et al. Eighth Circuit 2019-10-22 Denied Response Waived 2014 revocation of a medical license by the Arkan adverse-negative-reports adverse-reports civil-action civil-rights federal-cause-of-action federal-claims medical-license medical-license-revocation qualified-immunity res-judicata state-board 1. Whether the April 3, 2014 revocation of Plaintiff's Arkansas medical license by the Arkansas State Board of Medical Examiners ("Medical Board") gav…
19-529 Robert Sanchez Turner v. Al Thomas, Jr., et al. Fourth Circuit 2019-10-22 Denied Response Waived actual-knowledge-of-danger affirmative-act civil-rights constitutional-rights cut-off-all-avenues-of-recourse due-process law-enforcement public-safety qualified-immunity racial-violence shock-the-conscience specific-individual-or-public state-created-danger The following questions stem from the Fourth Circuit's Published Opinion regarding claims asserted by Mr. Turner: 1. What analytical framework appl…
19-6274 Sergei Kovalev v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2019-10-16 Denied Response WaivedIFP civil-rights constitutional-rights due-process employee-immunity first-amendment free-speech freedom-of-information freedom-of-speech government-accountability government-liability municipal-liability public-access qualified-immunity On December 10, 2015, the City of Philadelphia and its officials denied constitutionally protected human rights of the United States Citizen, who had …
19-6273 Henry Cyrus Lucas v. Florida Florida 2019-10-15 Denied Relisted (2)IFP 4th-amendment civil-procedure civil-rights due-process liberty qualified-immunity search-and-seizure standing takings Question not identified.
19-486 Donnett M. Taffe, Personal Representative of the Estate of Steven Jerold Thompson, Deceased v. Gerald E. Wengert, et al. Eleventh Circuit 2019-10-15 Denied Response RequestedResponse WaivedRelisted (3) appellate-jurisdiction appellate-review civil-rights due-process federal-claims findings-of-fact interlocutory-appeal interlocutory-ruling material-facts pendent-jurisdiction qualified-immunity qualified-immunity,civil-rights,civil-procedure,ap standard-of-review summary-judgment 1. Under what circumstances may an appellate court review the findings of the district court with respect to the validity of the disputed material fac…
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.…
19-409 City of Cleveland, Ohio, et al. v. Ricky Jackson, et al. Sixth Circuit 2019-09-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 42-usc-1988 brady-disclosure brady-v-maryland circuit-split civil-rights civil-rights-42-usc-1983 federal-law municipal-liability personal-injury personal-injury-claims qualified-immunity section-1983 section-1988 state-law state-law-survival-rule survival 1. Whether § 1988 requires the survival of § 1983 claims to be determined using the state-law survival rule for the most closely analogous state cause…
19-6028 Adam Lane v. Adam Nading, et al. Eighth Circuit 2019-09-23 Denied Response WaivedIFP 42-usc-1983 4th-amendment civil-rights constitutional-violation fourth-amendment knock-and-announce parole-search parole-searches qualified-immunity 1. With a Fourth Amendment knock-and-announce violation in Petitioner's parole search, and where no case in nearly 50 years ever held that knock-and-a…
19-5991 Howard Lee White v. Romeo Aranas, et al. Ninth Circuit 2019-09-18 Denied IFP appellate-review civil-procedure civil-rights due-process equal-protection judgment lower-court-decisions qualified-immunity standard-of-review standing summary-judgment (1) Did the lower Courts err in granting Summary judgment to the Defendants
19-5966 Delbert Heard v. Andrew Tilden, et al. Seventh Circuit 2019-09-17 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights deliberate-indifference due-process electronic-evidence medical-care medical-malpractice medical-negligence negligence ostrich-defense prison-conditions prisoner-rights qualified-immunity surgical-delay Whether prison doctor can evade culpability for 8th Amendment violation for delay of prisoner's hernia surgery, by invoking ostrich defense and claimi…
19-350 Stephen Busch, et al. v. Shari Guertin, et al. Sixth Circuit 2019-09-17 Denied 14th-amendment bodily-integrity civil-rights due-process free-speech qualified-immunity regulatory-action standing 1. Whether the 14th Amendment's constitutional right to "bodily integrity" extends to encapsulate a right to be protected by state regulators from a f…
19-326 Melinda Mitchell, et al. v. City of New York, et al. Second Circuit 2019-09-10 Denied Response Waived civil-rights fourth-amendment malice material-facts objective-reasonableness perjury police-misconduct qualified-immunity trespass wrongful-seizure 1. Did the Second Circuit err in applying District of Columbia v. Wesby, 138 S. Ct. 577 (2018), to grant qualified immunity to the police defendants w…
19-308 Blanca Arizmendi v. Patrick Gabbert Fifth Circuit 2019-09-06 Denied Response Waived civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest 1. Was the following "clearly established law" at the time of the officer's arrest of Petitioner with a warrant: The officer made misleading and mater…
19-289 County of San Diego, California, et al. v. James Soler Ninth Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2) arrest arrest-procedure civil-rights due-process extradition-warrant fourteenth-amendment jail-staff mistaken-identity procedural-due-process qualified-immunity When a prisoner is held under authority of a facially valid warrant, do individual jail staff members have a duty under the Fourteenth Amendment to in…
19-276 Jose Luis Garza, et al. v. City of Donna, Texas Fifth Circuit 2019-08-30 Denied Response RequestedResponse WaivedRelisted (2) civil-rights detainee-mistreatment due-process episodic-act-or-omission evidentiary-standard fact-question free-speech legal-interpretation municipal-liability municipal-policy qualified-immunity section-1983 summary-judgment Did the panel err - in the summary judgment context in determining as a matter of law, on the basis of no articulated evidence or authority, that the …
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…
19-222 Paul Anthony Valderas v. City of Lubbock, Texas, et al. Fifth Circuit 2019-08-20 Denied 4th-amendment civil-rights constitutional-rights deadly-force due-process excessive-force fourth-amendment law-enforcement police-conduct police-use-of-force qualified-immunity reasonable-force reasonable-inference use-of-force Whether an officer on the scene constrained by what he observes to use any force creates a reasonable inference that deadly force is excessive?
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,…
19-5564 Montye Benjamin v. Lynn Thomas Eleventh Circuit 2019-08-13 Denied IFP 42-usc-1983 civil-rights disputed-facts due-process federal-court federal-courts law-enforcement qualified-immunity section-1983 standing summary-judgment 1. Whether a defense of qualified immunity raised by a law enforcement officer in a § 1983 action is a valid basis for a Federal court to resolve disp…
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton A search of a medical clinic pursuant to an administrative search warrant that resulted in the doctor being detained for three to four hours under cir…
19-5502 David Anderson v. Jackie T. Strode, et al. Sixth Circuit 2019-08-08 Denied IFP 8th-amendment civil-rights constitutional-rights due-process excessive-force inmate-rights law-enforcement prison-conditions prisoner-treatment qualified-immunity restraint-chair tasing-in-restraints WHY WAS I TASED IN A RESTRAINT CHAIR WITH ONLY ONE ARM LOOSE OUT|OF THE RESTAINTS.WHY IS THIS A LEGAL ACTION AGAINST INMATES, WHY IS THERE NOT A LAW A…
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:…
19-5475 Mitchell Taebel v. Maricopa County Attorney's Office, et al. Ninth Circuit 2019-08-06 Denied Relisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourteenth-amendment fourth-amendment law-enforcement police-misconduct qualified-immunity standing unreasonable-seizure Whether a Defendant has a primary Right of Self Representation and to Disclosure, by ithe Sat also Farottav California, Usi975) whther plainif ha all…
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…
19-5385 Darlene Rodgers v. Taura McDaniel, et al. Eighth Circuit 2019-07-31 Denied IFP calumnious-decision civil-monetary-penalties civil-rights civil-rights,qualified-immunity,civil-procedure,du compensatory-settlement court-errors due-process judicial-misconduct legal-procedure miscarriage-of-justice qualified-immunity vicarious-liability (1) . In Rodgers, the Appellant 's case, "Whether " 8th Circuit Court is vicariously liable for dishonest conduct, withholding the Federal District C…
19-5338 Anna Maria Agolli v. District of Columbia, et al. District of Columbia 2019-07-25 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights criminal-misconduct due-process false-imprisonment government-liability government-misconduct immunity-defense qualified-immunity statute-of-limitations Should Courts allow qualified immunity to protect governments and their employees in spite of evidence only because it is the first of such violations…
19-5245 Michelle Renee Lamb v. Joe Norwood, et al. Tenth Circuit 2019-07-19 Denied Response WaivedIFP 42-usc-1983 administrative-law civil-procedure civil-rights due-process equal-protection qualified-immunity standing statutory-interpretation 1. This case represents a public issue to thousands of transgenders confined to state and federal institutions whom are being denied treatment despite…
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…
19-56 Mark Milner, et al. v. Vincent Mares, Executive Director, New Mexico Racing Commission, et al. Tenth Circuit 2019-07-09 Denied Response Waived 42-U.S.C.-§-1983 42-usc-1983 civil-procedure civil-rights constitutional-rights due-process government-accountability harlow-v-fitzgerald new-mexico qualified-immunity Did the lower courts err in dismissing Petitioners' cases on the basis of Qualified Immunity in the face of US Supreme Court precedent and New Mexico …
18-1590 Corey Lamar Smith, et al. v. Arnold Schwarzenegger, former Governor of California, et al. Ninth Circuit 2019-06-27 Denied Response Waived 8th-amendment civil-rights clearly-established-test danger due-process helling-v-mckinney incident-rate-statistics ninth-circuit plata-receiver prison-conditions qualified-immunity standing state-officials 1. Did the Ninth Circuit misapply the clearly established test 's generality principles by analyzing the issue so specifically as to create a logica…
18-1558 Marshall Spiegel v. Corrine McClintic, et al. Seventh Circuit 2019-06-20 Denied civil-procedure civil-rights due-process first-amendment free-speech freedom-of-expression law-enforcement-liability municipal-liability public-photography qualified-immunity standing Does the First Amendment protect a person's right to photograph or videotape in public? If so, where officers threaten to arrest a person for photogra…
18-1555 Scott A. Boyler v. City of Lackawanna, New York, et al. Second Circuit 2019-06-20 Denied Response Waived aggravated-harassment constitutional-rights first-amendment free-speech free-speech,civil-rights,retaliation,qualified-imm malicious-prosecution qualified-immunity retaliation social-media summary-judgment 1. Did the Second Circuit err in adopting a subjective test for whether retaliation chilled free speech, contrary to at least six other Circuits that …
18-1553 Cheri Marie Hanson, as Trustee for the Next of Kin of Andrew Derek Layton v. Daniel Best, et al. Eighth Circuit 2019-06-19 Denied Response Waived civil-rights constitutional-violation due-process excessive-force excited-delirium fourth-amendment police-practices police-restraint police-training positional-asphyxia qualified-immunity use-of-force Andrew Layton died after Respondents, six on duty police officers working as a team, kept him in maximum restraints on his stomach for thirty minutes …
18-9714 John Stephen Routt v. Latanya Howard, et al. Tenth Circuit 2019-06-18 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights conditions-of-confinement constitutional-rights disciplinary-segregation due-process eighth-amendment elder-v-holloway pretrial-detention qualified-immunity standing QUESTION 1 Is a Defendant entitled to qualified immunity when a Petitioner cites the "squarely governing ' case through a quote of a case with simila…
18-9675 Tommy Dean Bullcoming v. United States Tenth Circuit 2019-06-14 Denied Response WaivedIFP civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence As recognized in Scott v. Harris, 550 U.S. 372 (2007), should a video recording of the actual events that clearly contradicts the sworn testimony of a…
18A1308 Liane Shekter-Smith, et al. v. Shari Guertin, et al. Sixth Circuit 2019-06-13 Denied bodily-integrity constitutional-rights drinking-water qualified-immunity state-regulators substantive-due-process Question not identified.
18-9668 Miguel Angel Arias v. Ashley B. Moody, et al. Eleventh Circuit 2019-06-13 Denied Response WaivedIFP civil-rights constitutional-rights due-process fraud fraud-abuse government-immunity government-misconduct judicial-ethics official-immunity official-misconduct qualified-immunity takings Does a government official, e.g., .a Judge, or a CIA agent maintain their immunity after it has been discovered that they use their position to commit…
18A1286 Paul Tooly v. John F. Schwaller Second Circuit 2019-06-10 Presumed Complete constitutional-rights due-process hostile-work-environment qualified-immunity second-circuit workplace-violence Question not identified.
18-9553 Marvin Eugene Jones v. California California 2019-06-05 Denied IFP 4th-amendment civil-rights constitutional-provisions due-process jurisdiction probable-cause qualified-immunity search-and-seizure standing statutory-provisions If this Court would do a DE Nova review of this entire case, this court will find a clear violation of petitioner constitutional rights with the facts…
18-1510 Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. Eleventh Circuit 2019-06-04 Denied civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity During a five-minute medical examination in a detention facility, Dr. Fredesvindo Rodriguez-Garcia mistakenly concluded that Fior Pichardo de Veloz, a…
18A1251 City of Chicago, Illinois, et al. v. Maurice Lewis Seventh Circuit 2019-06-03 Presumed Complete accrual-of-claim false-arrest fourth-amendment legal-process qualified-immunity wrongful-detention Question not identified.
18-9508 Floyd Dewaine Scott v. I. Jimenez Ninth Circuit 2019-06-03 Denied Response WaivedRelisted (2)IFP 8th-amendment appeals civil-rights deliberate-indifference due-process internal-bleeding medical-care medical-indifference ninth-circuit qualified-immunity summary-judgment triable-issues Reason number one is that the Petitioner did present a Medical Deliberate Indifference cause against the Respondent. Is it contrary to clearly establi…
18-9391 Josephine McGowan v. Walmart Stores Tenth Circuit 2019-05-23 Denied IFP civil-procedure civil-rights due-process equal-protection jurisdiction qualified-immunity standing takings WHAT TREATMENT WAS I CAUSED TO BE TREATED IN THIS MANNER BY WAL-MART AND ALL OF THESE DOCTORS AND LAWYERS. WAS IT BECAUSE OF THE COLOR OF MY SKIN? WAS…
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…
18-1435 Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas Sixth Circuit 2019-05-15 Denied Response Waived civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop I. Did the Sixth Circuit Court of Appeals define the "clearly established" constitutional rights at issue in this qualified immunity case at too high …
18-9254 Larry B. Rubin v. Hector Sanchez, et al. Seventh Circuit 2019-05-14 Denied Relisted (2)IFP civil-procedure civil-rights due-process equal-protection first-amendment qualified-immunity standing Question not identified.
18-9140 Michael Ray Ingram v. Frank Clements, et al. Tenth Circuit 2019-05-06 Denied Response WaivedIFP 42-usc-1983 8th-amendment civil-rights deliberate-indifference eighth-amendment injunctive-relief qualified-immunity standing supervisory-liability Whether dismissal of claims for injunctive relief requiring state officials to obey the Eighth Amendment pursuant to 42 U.S.C. §1983 was error? Wheth…
18-1388 Susan Lloyd v. City of Streetsboro, Ohio, et al. Sixth Circuit 2019-05-03 Denied Response Waived abuse-of-power civil-rights due-process government-misconduct property-damage qualified-immunity retaliation trespass wiretapping Are public officials allowed to show a repeated pattern of abuse and dereliction of duties and still maintain immunity towards a private citizen when …
18-9096 Douglas A. Glaser v. City and County of Denver, Colorado, et al. Tenth Circuit 2019-05-02 Denied Response WaivedIFP administrative-law civil-rights due-process equal-protection fourth-amendment jurisdiction qualified-immunity search-and-seizure standing Question not identified.
18-9102 Michael Bazan v. Robert Whitfield, et al. Fifth Circuit 2019-05-02 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-law due-process evidence excessive-force qualified-immunity standing CvJkLk >&,cc& OK 6cTv-e~A~4ly\q bL &uWo c Gv—
18-1366 Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al. Third Circuit 2019-04-30 Denied 42-usc-1983 civil-procedure civil-rights fourth-amendment joint-and-several-liability joint-several-liability pleading qualified-immunity section-1983 standing tort-law warrantless-search cepts of tort law. A fundamental concept of tort law is joint and several liability, which shifts the burden to plausible joint tortfeasors to apporti…
18-1350 Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza Fifth Circuit 2019-04-29 Denied Response RequestedResponse WaivedRelisted (3) bivens border-protection civil-procedure civil-rights due-process federal-tort immigration qualified-immunity retaliation standing wrongful-death Did the Court of Appeals for the Fifth Circuit improperly weigh evidence and fail to draw factual inferences in favor of the nonmoving party when it d…
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" …
18-1358 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…
18-8926 Donald C. Jackson v. Priye T. Mukoro, et al. Texas 2019-04-22 Denied Response WaivedIFP civil-rights constitutional-rights de-minimis due-process first-amendment qualified-immunity retaliation retaliation-claim summary-judgment Whether the Court of Appeals for the First District Texas reversibly erred when it reversed the Judgment of the trial court and rendered judgment gran…
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…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the Court of Appeals err in the application of the abstention doctrine in Younger v. Harris, 401 U.S. 37, 43 (1971) with this decision when exhibi…
18-1287 Alexander L. Baxter v. Brad Bracey, et al. Sixth Circuit 2019-04-10 Denied Amici (3)Response RequestedResponse WaivedRelisted (11) 4th-amendment civil-rights due-process excessive-force police-misconduct police-use-of-force qualified-immunity search-and-seizure seizure 1. Does binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrend…
18-8696 Cody R. Brown v. Louisiana Louisiana 2019-04-03 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-law due-process jurisdiction qualified-immunity search-and-seizure standing statutory-interpretation Question not identified.
18-8596 Jose Bernazard v. Joseph Koch Second Circuit 2019-03-27 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment appeals-procedure civil-rights constitutional-rights due-process exhaustion-of-remedies judicial-review legal-procedure procedural-error qualified-immunity section-1983 fle Coo4 c spea\s ntA c ros4IvW3 ?4oner Access -k n4ec VP?€cc 1JJ43 av c-c d creVton bb ?eAAoner c\ Ccxwi A0A ooccLv' je44tonec o exense h3 due ?roc…
18-8548 Marvin Belser v. Jeffrey Woods, et al. Sixth Circuit 2019-03-25 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process grievances qualified-immunity standing Did the Sixth circuit court of appeals incorrectly decide the case? Yes; If so, what facts?
18-8488 Ronald E. Mitchell v. Anne L. Precythe, Director, Missouri Department of Corrections, et al. Eighth Circuit 2019-03-22 Denied IFP administrative-procedure civil-rights constitutional-rights damages due-process eighth-amendment false-arrest liberty-interest missouri-corrections missouri-statute qualified-immunity wrongful-imprisonment I was arrested and put in the jail (hole) on Oct. 25, 2016, for an altered ink pen with the APPERANCE OF DRUG RESIDUE, that was found on the top bunk,…
18-8505 William L. Burrell, Jr. v. Patrick Loungo, et al. Third Circuit 2019-03-21 Denied IFP civil-rights constitutional-violations convict-leasing human-trafficking judicial-immunity judicial-immunity-doctrine qualified-immunity section-1983 slavery Should this great court reconsider the doctrine of Absolute Judicial immunity and allow judges to be liable under section 1983 via a qualified immunit…
18-8474 John Henneberry v. County of Alameda, California, et al. Ninth Circuit 2019-03-20 Denied Response WaivedIFP 4th-amendment 5th-amendment bench-warrant civil-procedure civil-rights criminal-procedure due-process fourth-amendment mail-fraud qualified-immunity rico-statute service-of-process 1. When deciding the matter of a no-bail bench warrant for failure to appear, can the court allow faulty and fabricated, misdirected service-by-mail o…
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment The core of the inquiry.. .That once the provisions of 42 USCS 1997, and Clear Established Law has been properly satified to over come Quailfied Immun…
18-1191 Carter Davenport v. Estate of Marquette F. Cummings, Jr. Eleventh Circuit 2019-03-13 Denied civil-procedure civil-rights davis-v-scherer due-process legal-authority money-damages qualified-immunity standing state-law state-law-authority state-official takings Whether a state official's qualified immunity defense to a claim for money damages necessarily fails if he cannot first prove that he had authority un…
18-8377 Walter D. Booker v. T. Johnson, et al. Fourth Circuit 2019-03-11 Denied Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure WHETHER THE OFFICERS HAD REASONABLE SUSPICION TO SEIZE MR. BOOKER SHABAZZALLAH? WHETHER THE OFFICERS HAD PROBABLE CAUSE TO CONVERT SEIZURE INTO AN AR…
18-1176 Eric Wenzel, et al. v. Carl Storm Eighth Circuit 2019-03-11 Denied Response Waived anderson-v-liberty-lobby civil-rights dash-camera-evidence dash-camera-video excessive-force fourth-amendment lytle-v-bexar-county police-use-of-force qualified-immunity scott-v-harris seizure-intrusive seizure-standard summary-judgment unarmed-suspect 1. Did the Eighth Circuit err in holding that Respondent Officer Storm was entitled to qualified immunity on the Wenzel Petitioners' claim of excessiv…
18-1173 I. B. and Jane Doe v. April Woodard, et al. Tenth Circuit 2019-03-11 Denied Amici (7) child-abuse child-protection circuit-split constitutional-rights fourth-amendment qualified-immunity strip-search warrant warrant-requirement Petitioner I.B. was four years old when respondent Woodard, a state caseworker, strip-searched and photographed her at preschool. Woodard had neither …
18-1162 P. Swaney, et al. v. Hector Lopez Ninth Circuit 2019-03-07 Denied Response RequestedResponse WaivedRelisted (3) 8th-amendment circuit-split civil-rights constitutional-rights correctional-officers deliberate-indifference due-process medical-care prisoners-rights qualified-immunity Did the Ninth Circuit err when a divided panel of that court denied qualified immunity to correctional officers notwithstanding Third and Seventh Circ…
18-1128 Curtis Minchuk v. Craig Strand Seventh Circuit 2019-02-28 Denied Response Waived circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force 1. Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly …
18-8204 Eduardo Molina Bracero v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-28 Denied IFP 8th-amendment civil-procedure civil-rights due-process equal-protection exhaustion-of-remedies patent qualified-immunity standing takings any statutoriol or constitutional obligation related tothe protec2. it isnot the obligation of Dept. of corrections officials to vespond grievances an…
18-1121 Captain James Linlor v. Michael Polson Fourth Circuit 2019-02-27 Denied 4th-amendment bivens bivens-action civil-rights excessive-force fourth-amendment police-powers qualified-immunity sexual-battery tsa tsa-screener tsa-screening 1. Whether the attested-as-intentional excessive and unreasonable force striking of a cooperative passenger's genitals by a TSA screener not meeting m…
18-8092 Azaniah Blankumsee v. Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-02-22 Denied IFP civil-procedure civil-rights deliberate-indifference due-process qualified-immunity standing summary-judgment 1) Did the defendant's lower court err in granting Summary Judgment? 2) DID hE FOURTh CIBCUIT ERR In AFFIRMING IOWER COuRTS Dacision? 3 Did The Four…
18-8034 Jesse Brewer v. United States Third Circuit 2019-02-20 Denied Response WaivedIFP civil-procedure due-process eminent-domain property-rights standing takings 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Question not identified.
18-1063 John Cottam v. Douglas Pelton Eleventh Circuit 2019-02-13 Denied civil-rights constitutional-rights due-process emotional-distress fabricated-evidence false-arrest law-enforcement-fabrication malicious-prosecution probable-cause qualified-immunity rule-56 summary-judgment 1. The well documented criminal fabrication of a felony charge of eluding (car chase) against an innocent citizen has been protected at all levels of …
18-7889 Ramon Romero v. Illinois Illinois 2019-02-12 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity 'ç o b'cc cJ \o 6 coJ\Jkc7(oAc UvIl vrx oc_
18-1045 Nathaniel Brent, et al. v. Wayne County Department of Human Services, et al. Sixth Circuit 2019-02-08 Denied Response Waived 42-usc-1983 4th-amendment administrative-policy civil-procedure civil-rights constitutional-rights due-process ex-parte-orders judicial-oversight qualified-immunity rooker-feldman-doctrine standing 1. This Court has made clear that the RookerFeldman Doctrine is simply an application of 28 U.S.C. § 1257. Does the Rooker-Feldman Doctrine bar a 42 U…
18-1024 Lenard Johnson v. Richard Winfrey, Jr. Fifth Circuit 2019-02-06 Denied 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application I. Does Franks v. Delaware1 analysis apply when a court opines information omitted from a warrant application is material to establishing probable c…
18-7648 William R. Stevenson v. R. Cordova, et al. Tenth Circuit 2019-01-30 Denied IFP civil-rights civil-rights-violation-obvious-standard constitutional-violation deliberate-indifference directed-verdict-standard due-process eighth-amendment eighth-amendment-deliberate-indifference judicial-bias perjured-testimony prison-conditions qualified-immunity summary-judgment summary-judgment-qualified-immunity Whether the Court of Appeals erred in concluding the law was not clearly established as to the conduct of Defendants Espinoza and Williams and in conc…
18-986 Sara Huckaby, et al. v. Frank Halley, as Next Friend of J. H., a Minor Child Tenth Circuit 2019-01-29 Denied Response Waived child-abuse child-welfare civil-rights due-process forensic-interview law-enforcement-procedure prosecutor-directives qualified-immunity search-and-seizure state-statute statutory-interpretation An Oklahoma social worker and two law enforcement officers investigating child abuse allegations contributed to the brief removal of a minor child fro…
18-7589 William Lee Judy v. Kathy Williams, et al. Fourth Circuit 2019-01-28 Denied Response WaivedIFP civil-procedure civil-rights due-process employment government-liability qualified-immunity administrative-law civil-rights constitutional-provisions due-process federal-officials government-liability medical-regulations ministerial-duties qualified-immunity Is the government, in its various guises and employments, entitled to the exception under 28 U.S.C. § 1983(b) and qualified immunity when they fail to…
18-7530 Tonya Udoh, et vir v. Minnesota Department of Human Services, et al. Eighth Circuit 2019-01-23 Denied Relisted (2)IFP 14th-amendment 1983-claims 1985-claims 4th-amendment civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process emotional-distress false-arrest fourteenth-amendment fourth-amendment haines-v-kerner minor-children miranda-rights monell-liability municipal-liability parental-rights pro-se-litigant qualified-immunity search-and-seizure standing unconstitutional-statutes Question One: In the (a) Denial of Plaintiffs Motion to Amend the Complaint; (b) Dismissal of Plaintiffs Claims With and Without Prejudices; and (c) G…
18-915 Gregory T. Christian v. K. A. Payne, et al. Fourth Circuit 2019-01-16 Denied Response Waived 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search whether producing identification without being requested to justifies search for weapons several minutes later; whether overt submission to and facil…
18-7425 Jovan Cooper v. Illinois Illinois 2019-01-16 Denied IFP 14th-amendment administrative-law civil-procedure due-process equal-protection standing 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Question not identified.
18-913 Joshua Brennan v. James Dawson, et al. Sixth Circuit 2019-01-15 Denied Response RequestedRelisted (9) civil-liability civil-procedure civil-rights common-law constitutional-rights due-process law-enforcement liability police-conduct qualified-immunity reasonable-reliance Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when…
18-7246 Harold Shawgnessy Sims v. King, et al. Eighth Circuit 2019-01-08 Denied IFP 2nd-amendment civil-rights criminal-procedure cruel-and-unusual-punishment due-process sentencing civil-procedure civil-rights due-process excessive-force federal-law-enforcement qualified-immunity Question not identified.
18-862 Michael J. Daugherty, et al. v. Alain H. Sheer, et al. District of Columbia 2019-01-07 Denied Response Waived circuit-split civil-procedure civil-rights due-process motion-to-dismiss pleading pleading-standard qualified-immunity rule-12(b)(6) standing May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense?
18-7251 Consuelo Jordan v. Equal Employment Opportunity Commission, et al. District of Columbia 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-provisions due-process exclusionary-rule jurisdiction probable-cause qualified-immunity search-and-seizure standing takings Question not identified.
18-840 Steven Leon Banks v. Vincent Myron Gore, et al. Fourth Circuit 2019-01-03 Denied Response Waived 8th-amendment civil-rights constitutional-violation due-process medical-negligence personal-involvement pro-se-plaintiff pro-se-pleadings qualified-immunity standing summary-judgment supervisory-liability 1. Can supervisors be liable for the constitutional violations of their subordinates even if the supervisor is not directly "personally involved"? 2.…
18-825 Peggy Shumpert, Individually and as Administrator of the Estate of Antwun Shumpert, Sr., et al. v. City of Tupelo, Mississippi, et al. Fifth Circuit 2019-01-02 Denied Response Waived canine-force civil-procedure civil-rights constitutional-rights deadly-force due-process federal-appeals-conflict police-misconduct qualified-immunity state-created-danger use-of-force whether-the-court-of-appeals-erred-in-concluding-t whether-the-court-of-appeals-erred-in-finding-that I. Whether the Court of Appeals erred in finding that the state-created danger doctrine is not clearly established law and in failing to apply it, whe…
18-810 John Maguire, et al. v. Anika Edrei, et al. Second Circuit 2018-12-26 Denied acoustic-device civil-rights constitutional-rights due-process excessive-force first-amendment free-speech law-enforcement lrad police-tactics protest-control qualified-immunity Did the Second Circuit err in finding a potential constitutional violation for excessive force and denying the officers qualified immunity, particular…
18-7163 Kent Mayfield, et ux. v. Harvey County Sheriff's Department, et al. Tenth Circuit 2018-12-21 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights dog-seizure due-process fourth-amendment law-enforcement personal-property pet-dog property-rights qualified-immunity search-and-seizure warrantless-search DID THE DEFENDENTS VIOLATE THE PLAINTIFFS FOURTH AMENDMENT RIGHTS? Does the 4th amendment protect authorized custodians of a private rural residence …
18-775 Andrew Chien v. LeClairRyan, et al. Fourth Circuit 2018-12-19 Denied Response Waived administrative-error civil-rights collateral-estoppel color-of-state-act due-process false-imprisonment fourth-amendment qualified-immunity res-judicata subject-matter-jurisdiction territorial-jurisdiction For No. 18-6346, the question is whether the order is void which committed administrative error, a nonjudicial act by not issuing summons to defendant…
18-7063 In Re Charles A. Dread 2018-12-17 Denied Relisted (3)IFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing official-responsibility qualified-immunity racial-discrimination standing summary-judgment Was the Trial Court's denial of the Appellant's Motion for Summary Judgment and the Request for Hearing without granting the Appellant a Hearing he re…
18-760 Oberist Lee Saunders v. Wayne Ivey, Sheriff, Brevard County, Florida, et al. Eleventh Circuit 2018-12-14 Denied civil-rights conditions-of-confinement constitutional-rights due-process fourteenth-amendment hutto-v-finney kingsley-v-hendrickson pretrial-detention qualified-immunity rhodes-v-chapman sanitation-standards (1) Whether, consistent with Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), a Fourteenth Amendment conditions-of-confinement claim brought by a pret…
18-761 D. Dahne v. Thomas W. S. Richey Ninth Circuit 2018-12-14 Denied Amici (1)Relisted (4) civil-rights due-process first-amendment free-speech grievance inmate-rights ninth-circuit prison prison-grievance qualified-immunity Inmates in state and federal prisons file hundreds of thousands of grievances every year, and grievance programs peacefully resolve countless disputes…
18-730 Moses McCormick, et al. v. Kim A. Browne, et al. Sixth Circuit 2018-12-07 Denied Response Waived 42-usc-1983 amendment amendment-futility civil-procedure civil-rights constitutional-violations due-process fourteenth-amendment injunctive-relief municipal-liability qualified-immunity section-1983 standing In light of this Court's recognition in Owen v. City of Independence, 445 U.S. 635-658 (1980), "A Municipality has no immunity from liability under 19…
18-724 City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al. Ninth Circuit 2018-12-06 Denied Response Waived appellate-review civil-procedure civil-rights due-process interlocutory-appeal ninth-circuit qualified-immunity summary-judgment waiver-and-forfeiture 1. Does the Ninth Circuit Panel's refusal to hear these petitioning police officers' interlocutory appeal on their claim of qualified immunity deny th…
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop - a traffic stop without either probabl…
18-704 Ross Abbott, et al. v. Harris Pastides, et al. Fourth Circuit 2018-11-29 Denied Amici (6) campus-speech civil-rights due-process first-amendment free-speech overbreadth qualified-immunity standing vagueness 1. Whether a student and student organizations investigated for possibly violating a public university's regulations governing on-campus speech hav…
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…
18-684 Patti Stevens-Rucker, Administrator of the Estate of Jason White, Deceased v. John Frenz, et al. Sixth Circuit 2018-11-26 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 14th-amendment 8th-amendment arrest-procedure circuit-split civil-rights constitutional-obligations due-process eighth-amendment police-duty-of-care police-use-of-force qualified-immunity tenth-amendment Are there circumstances in which police officers are constitutionally obligated to help a person injured during arrest, as the Eighth and Tenth Circui…
18-648 Burdette Searcey, et al. v. James L. Dean, et al. Eighth Circuit 2018-11-19 Denied Response RequestedResponse WaivedRelisted (2) 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea Whether in 1989 a law-enforcement officer violated a plaintiff's substantive due-process rights merely by recklessly gathering "unreliable" evidence i…
18-645 Marcella Winn v. Susan Mellen, et al. Ninth Circuit 2018-11-19 Dismissed Response Waived 42-U.S.C-1983 42-usc-1983 bad-faith brady-v-maryland brady-violation circuit-split civil-rights deliberate-indifference due-process police-misconduct qualified-immunity section-1983 1. Do claims against a police officer under 42 U.S.C. § 1983 for failure to disclose material evidence under Brady v. Maryland, 373 U.S. 83 (1963) req…
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"…
18-623 Katrina Walker v. Carl Weatherspoon, et al. Seventh Circuit 2018-11-14 Denied Response Waived 42-usc-1983 civil-rights due-process fourth-amendment illinois-v-gates informant informant-tip probable-cause qualified-immunity search-warrant section-1983 seventh-circuit May a police officer, who secures a search warrant on the uncorroborated tip of a first-time informant by withholding from the issuing judge facts tha…
18-591 Gary Dressler v. Bradford Rice, et al. Sixth Circuit 2018-11-06 Denied Response Waived 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment Question I – Is an individual's Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and i…
18-6402 Elroy William Robinson v. California California 2018-10-24 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-provisions due-process equal-protection jurisdiction qualified-immunity standing statutory-provisions (1) WHEN A LAW ENFORCEMENT OFFICER DELIBERATELY DELAYS AN ARREST IN ORDER TO BRING A SPOUSE BRING A PERSON OF INTEREST IN TO FOR QUESTIONING AND IN CO…
18-503 N. E. L., et al. v. Douglas County, Colorado, et al. Tenth Circuit 2018-10-18 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 4th-amendment child-custody civil-rights constitutional-rights due-process familial-association full-faith-and-credit interstate-agreement procedural-due-process qualified-immunity right-to-travel Qualified immunity, to many observers, has transmogrified into absolute immunity. Lawyers from across the ideological spectrum joined in remarkable am…
18-511 Austin Gates v. Hassan Khokhar, et al. Eleventh Circuit 2018-10-18 Denied arrest-standard civil-rights due-process first-amendment fourth-amendment free-speech probable-cause qualified-immunity standing state-law supreme-court 1. Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by th…
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit 2018-09-20 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity 1. Whether, in light of District of Columbia v. Wesby, 138 S. Ct. 577 (2018), the Eleventh Circuit Court of Appeals erred by affirming the denial of p…
18-348 Robert Weisler, III v. Jefferson Parish Sheriff's Office, et al. Fifth Circuit 2018-09-17 Denied 42-usc-1983 4th-amendment civil-rights Devenpeck-v-Alford fourth-amendment heck-v-humphrey police-accountability qualified-immunity warrantless-arrest Whether Devenpeck, which only protects officers who either incompetently or maliciously arrest a person for a crime the arrestee did not commit, shoul…
18-337 County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased Ninth Circuit 2018-09-14 Denied Amici (2) 42-usc-1983 civil-rights constitutional-standard due-process eighth-amendment fourth-amendment medical-care objective-reasonableness pretrial-detainee qualified-immunity section-1983 standard-of-care Whether a pretrial detainee's "inadequate medical care" claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional's subjective inte…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search When deciding whether a police officer's fear for his safety justified a warrantless search of a person not suspected of any crime, may courts limit t…
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure WHETHER THE DISTRICT COURT'S DISMISSAL OF ALL BUT 2 DEFENDANTS CAUSED PREJUDICE TO PETITIONER? WHETHER THE JURY'S VERDICT IS CONTRARY TO THE CLEAR WE…
18-5974 Levon Spaulding v. United States District Court for the District of Columbia District of Columbia 2018-09-13 Denied Response WaivedIFP access-to-courts civil-procedure civil-rights due-process equal-protection free-speech qualified-immunity standing I. IMPARTLALITY. WHERE STATE AND FEDERAL JUDGE'S ANO JUSTICES IMPARTIALTYCAN REASONABLY BE AND 28U.S.C. 4SS(A). SIINCE APRIL I9I5 THE LINITED STATES …
18-309 Lonnie Swartz v. Araceli Rodriguez, Individually and as the Surviving Mother and Personal Representative of J. A. Ninth Circuit 2018-09-11 GVR CVSGAmici (1)Relisted (4) bivens bivens-remedy bivens-v-six-unknown-named-agents border-security cross-border-shooting extraterritorial-application foreign-relations fourth-amendment qualified-immunity separation-of-powers 1. Whether the panel's decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 …
18-282 Kelly H. Tucker v. Patrick Atwater, Jr., et al. Georgia 2018-09-05 Denied civil-rights constitutional-rights due-process first-amendment free-speech government-interests Pickering-balancing-test pickering-test public-employee-speech public-employment public-interest qualified-immunity section-1983 1) If Pickering and its progeny are applicable to cases involving off-duty public employees who are speaking to matters of public interest which are n…
18-5856 David Gerard Jeep v. United States Eighth Circuit 2018-09-04 Denied Response WaivedRelisted (2)IFP 14th-amendment civil-procedure civil-rights district-court due-process eighth-circuit judicial-act judicial-immunity probable-cause qualified-immunity rico-act standing xiv-amendment Is the issuance, and support on appeal, of a court order without a "reasonable probable cause" a judicial act? Is there a non-exigent exception to th…
18-259 City of East Cleveland, Ohio, et al. v. Derrick Wheatt, et al. Sixth Circuit 2018-08-30 Denied civil-procedure civil-rights discovery discovery-deadline due-process indemnification motion-to-amend qualified-immunity settlement-agreement standing state-actors wrongful-conviction 1. Whether the Court abused its discretion in denying Petitioner City Defendants Qualified Immunity defense when it became implicated during Discovery…
18-257 Monty Bauch, Individually and as Father and Next Friend of O. B., a Minor, et al. v. Richland County Children Services, et al. Sixth Circuit 2018-08-30 Denied child-removal civil-rights complaining-witness due-process due-process-rights ex-parte ex-parte-order magistrate-testimony qualified-immunity removal-order social-worker social-worker-immunity standing witness-immunity 1) Whether a social worker is entitled to absolute immunity when she makes false statements and omits highly relevant information as a complaining wit…
18-5817 Jermaine Moorer v. United States Sixth Circuit 2018-08-30 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law due-process equal-protection federal-courts habeas-corpus qualified-immunity standing statutory-interpretation Question not identified.
18-5783 Robert A. Cotton v. County of San Bernardino, California, et al. Ninth Circuit 2018-08-28 Denied IFP brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense Was the Ninth Circuit in conflict with now, the Second, Third, Fifth, Sixth, Seventh, and Tenth Circuits, and the California Court of Appeal, First an…
18-236 Paul Weddle v. Alan Nutzman, et al. Ninth Circuit 2018-08-23 Denied Response Waived civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity seizure standing use-of-force (1) Whether under a qualified immunity analysis there existed clearly established precedent that taking down Weddle when he had surrendered, posed no …
18-218 Trey Beam v. Robert F. Abercrombie, Jr. Eleventh Circuit 2018-08-20 Denied 11th-circuit civil-rights due-process investigation misdemeanor probable-cause qualified-immunity willful-failure Whether an officer may lose qualified immunity based upon the allegation of "willful" failure to investigate even when the officer has established at …
18-5584 Lawrence L. Thompson v. Pete Copeland, et al. Ninth Circuit 2018-08-14 Denied Relisted (2)IFP 4th-amendment 8th-amendment arrest-procedure civil-rights constitutional-violation due-process eighth-amendment excessive-force failure-to-supervise fourth-amendment qualified-immunity search-and-seizure Whether Deputy Copeland's arrest of Mr. Thompson in (2011).. Nine years after Robinson v. Solano cty., 248 F. 3d 1007(9th Cir. 2002) was unconstitutio…
18-5485 William N. Washington v. Eric Arnold, Warden Ninth Circuit 2018-08-08 Denied IFP civil-case civil-procedure civil-rights constitutional-rights district-court due-process false-arrest habeas-corpus heck-v-humphrey judicial-review malicious-prosecution parole qualified-immunity standing washington-v-diamond Whether a substantial showing of the denial of a constitutional right has been made by the petitioner, in light of the recent factual finding, by the …
18-150 Phil Plummer, et al. v. David M. Hopper, Special Administrator of the Estate of Robert Andrew Richardson, Sr. Sixth Circuit 2018-08-03 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment civil-rights clearly-established-right deliberate-indifference detainee-rights due-process excessive-force fourteenth-amendment law-enforcement medical-intervention qualified-immunity 1. Whether the Sixth Circuit defined the constitutional rights in question at too high a level of generality contrary to this Court's teachings on qua…
18-122 Michael Sinegal v. Dawn Polk Fifth Circuit 2018-07-27 Denied Response RequestedRelisted (2) 1st-amendment circuit-split civil-rights constitutional-rights due-process employment-law employment-retaliation first-amendment free-speech political-candidacy qualified-immunity standing County Commissioner Michael Sinegal terminated Dawn Polk for being a bad employee. The terminationoccurred after she had unsuccessfully run for office…
18-114 G. Russell Rollyson, Jr., in His Official and Individual Capacity v. Jeffrey O'Neal, et ux. Fourth Circuit 2018-07-26 Dismissed constitutional-duty due-process notice notice-requirements property-rights qualified-immunity service-of-notice state-auditor statutory-interpretation tax-deed tax-lien tax-lien-purchaser 1. Whether a Deputy State Auditor is entitled to qualified immunity because no previous court had interpreted the State's statutory scheme as imposing…
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…
18-99 Johnny Barnes v. Joseph Gerhart, et al. Fifth Circuit 2018-07-23 Denied Response RequestedRelisted (3) civil-rights confidential-informant drug-surveillance due-process fourth-amendment law-enforcement law-enforcement-action police-misconduct qualified-immunity search-and-seizure unreasonable-search (1) Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was "unreasonable" under the Fourth Amendment? (2) In the alternative, did the Fi…
18-5279 Jonathan Hayhoe v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity 1. Whether conduct by law enforcement in securing a void in initio warrant in violation of the Fourth Amendment was grossly negligent, thereby preclud…
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…
18-5130 Marlon L. Watford v. Erik Fossum, et al. District of Columbia 2018-07-06 Denied Response WaivedIFP administrative-law civil-procedure civil-rights due-process equal-protection patent qualified-immunity standing takings da Ptionendment dup f lo ed hen a i ut ni 61983c on fion gound pant to FdR. Ci . Ro ( of Ro U.S.su C q m irmunitty? am the Ptione chnge ofde noica…
18-5131 Tu My Tong v. New Mexico, et al. New Mexico 2018-07-06 Denied Relisted (2)IFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection federal-action qualified-immunity standing state-action Was petitioner Curny Coy deprived of Due Process, Equal protection of The law and the privileges and immunities guaranteed to all us citizens by the i…
18-7 Choctaw County, Mississippi, et al. v. Jessica Jauch Fifth Circuit 2018-06-29 Denied Response RequestedRelisted (4) 14th-amendment 42-usc-1983 capias county-liability due-process fourteenth-amendment pretrial-detention procedural-due-process qualified-immunity section-1983 The Sheriff's Department detained Respondent for ninety-six days pursuant to a capias issued by the state circuit court following a grand jury's indic…
24A1078 Mike Miller v. Dillon Rock Ninth Circuit Denied canine-deployment excessive-force fourth-amendment irreparable-harm qualified-immunity section-1983 Question not identified.