| 25-6535 |
James Eric Larremore v. United States |
Fifth Circuit |
2026-01-09 |
Pending |
IFP |
fourth-amendment law-enforcement-interaction probable-cause reasonable-person-standard seizure traffic-stop |
Whether the deputy's instruction to "hang on a sec," particularly in context, communicated to a reasonable person in Larremore's position that he was … |
| 25-6139 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
conspiracy-prosecution due-process judicial-ethics judicial-impartiality judicial-recusal reasonable-person-standard |
In the recusal context, would a reasonable person conclude that a judge could remain impartial during a conspiracy prosecution of a defendant when the… |
| 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… |
| 22-6768 |
Stanley Foster Baker v. Texas |
Texas |
2023-02-13 |
Denied |
IFP |
4th-amendment 5th-amendment constitutional-rights custodial-interrogation due-process equal-protection evidence-presentation judicial-procedure miranda-warnings reasonable-person-standard state-court supreme-court-precedent |
lA)as »4- £)]?j<d'iVC|^ wrtasbyxflkle } urd{r u*£.C.
■for 4ke, Sbrlt cowrfj 4t> dflncUwU Da -ilt record beJbrt i-H- ik^cf no
r6aPN>ib^ PtiLcA 'P^dnf' … |
| 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… |
| 21-1510 |
David P. Marana v. Merit Systems Protection Board |
Federal Circuit |
2022-06-01 |
Denied |
Response Waived |
civil-procedure civil-rights commander-authority due-process hipaa-privacy military-discretion reasonable-person-standard redacted-evidence standing subculture-interpretation whistleblower-retaliation whistleblowing |
What court, tribunal, and or investigative agency ensures that information with redacted infor mation when presented as evidence is valid, legal, * an… |
| 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… |
| 20-7537 |
Christopher D. Thieme v. New Jersey |
New Jersey |
2021-03-23 |
Denied |
Response WaivedIFP |
cyber-harassment due-process free-speech libel obscenity overbreadth reasonable-person-standard scienter vagueness victim-impact-statements |
Is New Jersey's "cyber-harassment" statute, N.J.S.A. 2C:33-4.1, constitutionally invalid because it lacks a scienter requirement and relies on a "reas… |
| 20-983 |
Celestino G. Almeda v. Department of Education, et al. |
District of Columbia |
2021-01-25 |
Denied |
Response Waived |
agency-records deliberative-process-privilege disclosure exemption-5 freedom-of-information-act good-faith-presumption reasonable-person-standard segregable-portions |
1. Whether publicly-known, purely factual content selected, organized, and recited in an agency's records can be fully withheld from disclosure under … |
| 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… |
| 19-345 |
Dorian Johnson v. City of Ferguson, Missouri, et al. |
Eighth Circuit |
2019-09-17 |
Denied |
|
civil-rights constitutional-rights fourth-amendment move-on-order police-encounter public-space reasonable-person-standard seizure totality-of-circumstances use-of-force |
A "seizure" occurs under the Fourth Amendment when, under the totality of the circumstances, "a reasonable person would believe he was not free to dec… |
| 19-5709 |
Sam Newman v. Louisiana |
Louisiana |
2019-08-27 |
Denied |
Response WaivedIFP |
bruton-v-united-states constitutional-interpretation criminal-statute due-process firearm-discharge johnson-v-united-states reasonable-person-standard sessions-v-dimaya supreme-court-precedent united-states-v-davis vagueness vagueness-doctrine |
1. Whether Louisiana Revised Statute Annotated § 14:94(A) (1995), barring the "illegal use of a weapon," is unconstitutionally vague under Johnson v. … |
| 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… |
| 18-7256 |
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… |