reasonable-person

19 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A557 United States v. Donte J. Carter District of Columbia 2025-11-13 Application consensual-stop fourth-amendment police-encounter race-consideration reasonable-person seizure Question not identified.
23-1238 Chinyere Ogbonna-McGruder v. Austin Peay State University, et al. Sixth Circuit 2024-05-24 Denied Response Waived civil-procedure civil-rights color-of-state-law employment-law hostile-work-environment motion-to-amend motion-to-dismiss notice-pleading reasonable-person retaliation retaliation-claim Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which …
22-7623 Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-05-23 Denied Response WaivedIFP constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person Whether, it is enough for a defendant claiming ineffective assistance of counsel in the plea context to back his claim with substantial contemporaneou…
22-7007 Axel Domingo Diego v. Indiana Indiana 2023-03-14 Denied Response WaivedIFP constitutional-rights custody-determination due-process jdb-v-north-carolina law-enforcement-interrogation miranda-custody-rule miranda-rights reasonable-officer reasonable-person reasonable-person-standard translated-interrogation translation-context When law enforcement officers use a translator during an interrogation, does Miranda's custody rule consider the unique circumstances presented by the…
22-6441 James D. Dayvault v. Kansas Kansas 2023-01-03 Denied Response WaivedIFP civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure 1. Did the Kansas Court of Appeals err when it affirmed the trial court's decision regarding custody for the purposes of Miranda, and does the court e…
22-138 Billy Raymond Counterman v. Colorado Colorado 2022-08-11 Judgment Issued Amici (20)Relisted (5) first-amendment free-speech objective-standard reasonable-person speech-protection subjective-intent true-threats Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k…
21-7151 Quentin Jackson v. United States Ninth Circuit 2022-02-17 Denied Response WaivedIFP circuit-split criminal-law criminal-statute elements-clause mens-rea predicate-offense reasonable-person sentencing sentencing-enhancement statutory-interpretation threat-of-force QUESTION ONE: The circuit courts agree that a conviction under 18 U.S.C. § 2113(a) will be sustained even if the defendant was not aware that his cond…
21-6223 Aaron Martin Mercado-Gracia v. United States Tenth Circuit 2021-11-09 Denied IFP 4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop Once an officer issues a traffic citation and tells the person he may leave, the Fourth Amendment requires consent to then delay departure to ask more…
21-198 Anthony W. Knights v. United States Eleventh Circuit 2021-08-11 Denied Amici (2) constitutional-analysis eleventh-circuit fourth-amendment free-to-leave free-to-leave-test race race-consideration reasonable-person reasonable-person-standard seizure A Fourth Amendment seizure occurs when, "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he wa…
20-1040 Michael Aaron Strickland v. Oregon Oregon 2021-01-29 Denied Response Waived 2nd-amendment constitutional-rights due-process prior-experiences reasonable-person second-amendment self-defense state-of-mind Did the Oregon courts err in holding that there is no Constitutional right of self-defense except for when someone like the judge would have behaved t…
20-5395 Marcus Tyler Sheffield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-24 Denied IFP 5th-amendment criminal-procedure custodial-interrogation due-process miranda-rights police-questioning reasonable-person reasonable-person-standard self-incrimination Whether the police detective's assurance to Sheffield that he is free to leave on the condition that he make a truthful statement would lead a reasona…
20-27 Jennifer Paskert v. Kemna-ASA Auto Plaza, Inc., dba Auto Smart of Spirit Lake, et al. Eighth Circuit 2020-07-20 Denied circuit-split civil-rights employment-discrimination hostile-work-environment reasonable-person reasonable-person-standard sexual-harassment title-vii Assuming the other elements of a Title VII claim are present, is sexual harassment (1) unlawful if a reasonable person would conclude, in light of all…
19-7361 Edward Shevtsov v. United States Ninth Circuit 2020-01-22 Denied IFP actual-decisionmaker circuit-split civil-procedure decisionmaker-test federal-fraud federal-prosecution fraud fraud-statute materiality materiality-standard private-victim reasonable-person reasonable-person-standard The federal mail, wire, and bank fraud statutes proscribe material misrepresentations. The circuits are divided over the standard for proving material…
19-6242 Imanol Pineda Penaloza v. United States Sixth Circuit 2019-10-10 Denied Response WaivedIFP burden-of-proof civil-rights employment-discrimination question-not-identified racial-discrimination reasonable-person title-vii Whether sentencing enhancements that are not found by a jury beyond a reasonable doubt violate the Sixth Amendment, and whether the advisory nature of…
18-8650 Ollisha Nicole Easley v. United States Tenth Circuit 2019-04-01 Denied Response WaivedIFP 4th-amendment civil-rights consensual-search due-process fourth-amendment interrogation probable-cause race racial-profiling reasonable-person reasonable-person-standard search search-and-seizure When examining the totality of the objective circumstances, is a bus passenger's race a factor in understanding how a reasonable person in her positio…
18-949 Jamal Knox v. Pennsylvania Pennsylvania 2019-01-22 Denied Amici (8)Response RequestedResponse WaivedRelisted (2) criminal-threat first-amendment free-speech reasonable-person speech-protection subjective-intent terroristic-threats true-threat true-threats Under Watts v. United States, 394 U.S. 705 (1969) (per curiam), the First Amendment does not protect "true threats." Federal courts of appeals and sta…
18-7256 Amin De Castro v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop A police officer "seizes" a person under the Fourth Amendment if he makes a request that a reasonable person would not feel free to refuse, and the pe…
18-6122 Sheri Lee Pualani Kapahu v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure A police-citizen encounter does not implicate the Fourth Amendment when consensual. Once a reasonable person would no longer feel free to ignore the p…
18-5982 Todd F. Britton-Harr v. United States Fifth Circuit 2018-09-18 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a "reasonable person" would have…