8th-amendment

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5489 Peter Fowler v. Correctional Officer Lucas Bohnert, et al. Seventh Circuit 2025-08-27 Rehearing Relisted (2)IFP 14th-amendment 8th-amendment equal-protection incarceration plra sexual-abuse Whether equal protection applies to elder inmates under sexual abuse while incarcerated and whether the U.S. Court of Appeals erred in denying a motio…
24-6309 Timothy DeFoggi v. United States Eighth Circuit 2025-01-15 Denied Response WaivedIFP 8th-amendment direct-harm extraordinary-circumstances sentence-reduction sentencing-guidelines u.s.c.-3582 Whether the lower court erred in denying a finding of 'extraordinary and compelling' under U.S. Sentencing Guideline § 1B1.13(b)(6) and in assessing d…
24-74 In Re Alphonza Leonard Phillip Thomas Bey 2024-07-25 Denied Relisted (2) 14th-amendment 8th-amendment black-negro-colored-persons constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment jurisdiction property state-court Question not identified.
24-5071 Dennis German v. United States Seventh Circuit 2024-07-12 Denied Response WaivedIFP 4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines Whether the government violated the petitioner's 8th Amendment and 5th Amendment constitutional rights by using separate incidents as relevant conduct…
23-7814 James Harmon, III v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-06-27 Denied IFP 8th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction juvenile-justice parole sentencing Whether sentences of life without parole, as applied to juvenile offenders, violate the Eighth Amendment's prohibition on cruel and unusual punishment…
23-1139 John F. Gallagher v. Northampton County Revenue Appeals Board, et al. Third Circuit 2024-04-19 Denied Response Waived 14th-amendment 4th-amendment 8th-amendment comity constitutional-claims federal-jurisdiction property-tax subject-matter-jurisdiction takings-clause tax-injunction-act Whether federal subject matter jurisdiction under 28 U.S.C. §1331 is barred by the Tax Injunction Act or the doctrine of comity for claims challenging…
23-7224 Quentin Freeman v. Daniel Deas Fourth Circuit 2024-04-15 Denied Response WaivedIFP 8th-amendment civil-rights due-process excessive-force fourth-amendment inmate-rights prison-conditions prisoner-rights summary-judgment whitley-standard Whether the decision below should be summarily reversed because the Fourth Circuit misapplied the Whitley factors by viewing the evidence in the light…
23-1097 J. D. Hartman, Individually and in his Official Capacity as Sheriff of Davie County, North Carolina, et al. v. Charles Willis Short, Individually and as Administrator of the Estate of Victoria Christine Short Fourth Circuit 2024-04-09 Denied Amici (1) 8th-amendment circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee pretrial-detention prison-officials Whether a pretrial detainee alleging deliberate-indifference must prove the defendant actually-knew of a significant-risk-of-harm or instead must prov…
23-7091 Brandon De McCall v. Texas Texas 2024-03-28 Denied IFP 8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness Whether the 'moral blameworthiness' jury instruction prevented the consideration of constitutionally relevant mitigating evidence
23-7086 Vinicio J. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-03-27 Denied IFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process federal-jurisdiction standing statutory-interpretation whether-grievances-were-properly-filed
23-7061 Cody Dillon Hogan v. United States Eleventh Circuit 2024-03-22 Denied Response WaivedRelisted (2)IFP 8th-amendment child-pornography civil-rights criminal-law due-process eighth-amendment mandatory-minimum restitution statutory-interpretation Proximate causation, due process, conflicting interpretation, statutory interpretation, substantive due process
23-7053 Jonathan James Markle v. Texas Texas 2024-03-21 Denied IFP 14th-amendment 8th-amendment civil-rights due-process excessive-fines incorporation Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause
23-7033 Donte Taylor v. California California 2024-03-19 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing Why was my 8th amendment denied?
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 If a State Prison Warden refuses to obey a Court Order & refuses to obey the Governor & refuses to obey the Executive Director Of Colorado Prisons, do…
23-6988 Anthony Shief v. Illinois Illinois 2024-03-14 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-without-parole mitigating-factors sentencing sentencing-procedure Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires Miller protections for juvenile offenders who receive de facto lif…
23-6964 Harvey Cantrell v. Department of Veterans Affairs Seventh Circuit 2024-03-12 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
23-6935 Dennis James Gaede v. North Dakota North Dakota 2024-03-08 Denied Response WaivedRelisted (2)IFP 14th-amendment 8th-amendment amendment-violation constitutional-rights due-process ex-post-facto excessive-punishment grand-jury north-dakota Whether Gaede's 8th and 14th Amendment Rights to Due Process and to be Free from Excessive Punishment were Violated
23-6921 Hannibal Eason v. Kwame Raoul, Attorney General of Illinois, et al. Seventh Circuit 2024-03-07 Denied IFP 14th-amendment 8th-amendment access-to-courts administrative-law civil-rights constitutional-law due-process federal-procedure judicial-review solitary-confinement Whether the State of Illinois violated the Eighth Amendment's prohibition on cruel and unusual punishment and the Fourteenth Amendment's due process c…
23-6858 Tujuan Estaisyo Session v. FNU Giannotti, et al. Fifth Circuit 2024-02-29 Denied IFP 8th-amendment civil-rights due-process medical-care prison-conditions retaliation Whether the Supreme Court should order the federal Bureau of Prisons to investigate and address the petitioner's allegations of assault and threats by…
23-6739 John Richard Brinson v. United States Ninth Circuit 2024-02-13 Denied Response WaivedIFP 8th-amendment child-pornography criminal-history criminal-sentencing due-process life-without-parole rehabilitation sentencing-reasonableness substantive-due-process substantive-reasonableness Whether a life without parole sentence for a 24 year old with no prior criminal record for producing child pornography is substantively unreasonable?
23-6627 In Re Reginald Bernard Hatton 2024-01-31 Denied IFP 14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment fourteenth-amendment sentencing time-served unconstitutional Whether the petitioner has been deprived of his constitutional rights under the 8th and 14th Amendment
23-6431 Mariano Madrid v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2024-01-08 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment death-penalty due-process federal-law judicial-review juvenile-justice legal-procedure Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a person who was a juvenile at the time of the o…
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…
23-6389 Michael Lavern Boyd v. Lay, Warden, et al. Eighth Circuit 2023-12-28 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process legal-provisions medical-care petition prison supreme-court writ-of-certiorari Whether the denial of access to medical supplies that are necessary to avoid severe pain and suffering violates the Eighth Amendment's prohibition on …
23-6229 Arnold A. Cary v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2023-12-12 Denied Relisted (2)IFP 8th-amendment due-process eighth-amendment equal-protection fourteenth-amendment legal-materials medical-care prisoner-rights toxic-exposure toxic-water Did CDOC violate Cary's due-process, equal-protection, 8th-amendment, toxic-water, medical-care, legal-materials
23-6159 Eddie James King v. Doctor Aikens, et al. Eleventh Circuit 2023-12-04 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing Whether the plaintiff's deliberate indifference claim is valid
23-471 Casey A. McWhorter v. Alabama Alabama 2023-11-03 Denied 8th-amendment age-discrimination capital-punishment due-process eighth-amendment equal-protection jury-selection juvenile-justice Does Alabama's exclusion of 18-year-olds from jury service, coupled with its permitting them to be tried as adults, deny 18-year-old defendants their …
23-5931 Donald Lee Kissner v. Joseph Michael Orr, et al. Sixth Circuit 2023-11-01 Dismissed Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity Did the Sixth Circuit United States Court of Appeals commit clear error when it stated that Mr. Kissner did not show deliberate indifference to seriou…
23-5842 Ellis Keyes v. United States Court of Appeals for the Fifth Circuit Fifth Circuit 2023-10-20 Dismissed Relisted (2)IFP 8th-amendment citizen-protection civil-rights constitutional-rights due-process governmental-invasion governmental-powers state-sovereignty torture torture-prohibition Shall the State of Mississippi be restrained, abolished and banned from the use of torture?
23-5747 Daryl A. Hess v. Oklahoma Oklahoma 2023-10-11 Denied IFP 8th-amendment appellate-jurisdiction civil-rights constitutional-issue due-process evidentiary-hearing federal-review habeas-corpus judicial-procedure newly-discovered-evidence post-conviction Whether the Oklahoma Court of Criminal Appeals properly denied Petitioner due process and Eighth Amendment rights by refusing to consider newly discov…
23-5630 Jack R. Sliney v. Florida Florida 2023-09-21 Denied Relisted (2)IFP 14th-amendment 8th-amendment age-of-defendant death-penalty death-sentence due-process eighth-amendment evidentiary-hearing fourteenth-amendment juvenile-offenders Whether Florida may impose a death sentence upon an individual under 21
23-210 Christina Jordan v. Karla Howell, as Administratrix of the Estate of Cornelius Pierre Howell Sixth Circuit 2023-09-06 Dismissed Response RequestedResponse WaivedRelisted (2) 8th-amendment civil-rights constitutional-claim deliberate-indifference due-process excessive-force kingsley-v-hendrickson medical-care objective-standard pretrial-detainee Whether the courts should employ the historically accepted two-prong deliberate indifference framework or the 'objective unreasonableness' analysis fo…
23-5485 Paul M. Poupart v. Louisiana Louisiana 2023-08-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 8th-amendment constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fraud-upon-court fraud-upon-the-court statute-validity Whether LSA-R.S. 15:529.1 is unconstitutional
23-5460 Clinton D. Johnson, Jr., aka Kayzon Ru v. Sgt. Johnson, et al. Fourth Circuit 2023-08-28 Denied Response WaivedIFP 14th-amendment 4th-amendment 8th-amendment antiterrorism-act civil-rights constitutional-protection due-process excessive-force fourteenth-amendment law-enforcement Was excessive force used during an arrest and detention at a detention center?
23-5441 Mika 'ya Ali Shakur v. Sergeant Thompson Fourth Circuit 2023-08-25 Denied IFP 8th-amendment civil-rights constitutional-rights covid-19 deliberate-indifference eighth-amendment federal-rules-of-civil-procedure prison-healthcare serious-medical-need Whether the plaintiff's allegation of denial of Eighth Amendment right to serious medical need for COVID-19 vaccine fails to satisfy Fed. R. Civ. P. 8…
23-175 City of Grants Pass, Oregon v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated Ninth Circuit 2023-08-25 Judgment Issued Amici (109)Response RequestedResponse WaivedRelisted (3) 8th-amendment circuit-split civil-citations constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness public-camping Does the enforcement of generally applicable laws regulating camping on public property constitute 'cruel and unusual punishment' prohibited by the Ei…
23-157 Samuel O. Jacobs v. Kent Jacobs, et al. Second Circuit 2023-08-17 Denied Response Waived 11th-amendment 14th-amendment 5th-amendment 8th-amendment constitutional-rights due-process eleventh-amendment federal-procedure rooker-feldman-doctrine sovereign-immunity Can a State Court use the 11th Amendment, Soverign Immunity, and the Rooker-Feldman Doctrine to justify or allow it to violate the 14th, 8th, 5th, and…
23-5375 Isidro Miguel Delacruz v. Texas Texas 2023-08-17 Denied IFP 8th-amendment capital-sentencing constitutional-proportionality death-penalty due-process jury-instructions mitigation-evidence moral-culpability Can the Texas death penalty statute be reconciled with this Court's long-established mitigation jurisprudence?
23-5249 Ryan David Green v. United States Fifth Circuit 2023-08-01 Denied Response WaivedIFP 8th-amendment appellate-review certiorari-request civil-rights court-filing death-penalty due-process legal-petition mental-health solitary-confinement supreme-court Whether the conditions of confinement and treatment of a death-row inmate violate the Eighth Amendment's prohibition on cruel and unusual punishment
23-5255 Robert L. Swinton, Jr. v. Livingston County, New York, et al. Second Circuit 2023-08-01 Denied IFP 8th-amendment access-to-courts actual-injury civil-rights deliberate-indifference due-process medical-neglect monell-claim monell-policy prisoner-rights Is this the correct evaluation of the evidence for deliberate indifference and would the Monell policy standard be eroded by the evaluation of this ca…
23-5098 Arthur Ray Deere, Sr. v. California Department of Corrections and Rehabilitation Employees, et al. Ninth Circuit 2023-07-13 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus prison-conditions statutory-provisions Whether the conditions of confinement at Mule Creek State Prison violate the Eighth Amendment's prohibition on cruel and unusual punishment
23-5066 Juan Reyes v. Illinois Illinois 2023-07-10 Denied IFP 14th-amendment 8th-amendment administrative-law civil-rights constitutional-law due-process excessive-fines incorporation judicial-review legal-procedure statutory-interpretation Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
23-5029 In Re Robert L. Hedrick 2023-07-05 Dismissed Response WaivedIFP 14th-amendment 8th-amendment appellate-review civil-rights constitutional-rights due-process free-speech judicial-procedure standing Whether the District Court and Appellate Court violated Appellant's 1st, 5th, 6th, 8th, and 14th Amendment rights
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 Whether the Eighth Amendment bars a prison official from forcing a person with diabetes and open wounds to endure prolonged and unnecessary exposure t…
22-7861 Darryl C. Daniels v. Z. Culpepper, et al. Eleventh Circuit 2023-06-26 Denied IFP 8th-amendment administrative-law civil-rights due-process prisoner-rights retaliation Whether a prisoner can be punished for requesting protection from a prison administration
22-7795 Gregory Ifesinachi Ezeani v. Laura B. Zuchowski, Director, United States Citizenship and Immigration Services, Vermont Service Center Second Circuit 2023-06-15 Denied IFP 14th-amendment 4th-amendment 8th-amendment administrative-law administrative-procedure appeal-suppression civil-rights constitutional-rights due-process federal-officials immigration-law Whether the plaintiff's constitutional rights were violated by the USCIS director's suppression of the plaintiff's appeal application, resulting in hi…
22-7769 Tyrone Desante Morant v. Bill Stange, Warden Missouri 2023-06-13 Denied Response RequestedRelisted (3)IFP 14th-amendment 6th-amendment 8th-amendment consecutive-sentences constitutional-rights eighth-amendment juvenile-sentencing mandatory-life-sentence miller-v-alabama sentencing-discretion Mandatory-life-without-parole-for-juvenile-offenders
22-7549 Gilberto Arreola Chavez v. United States Eighth Circuit 2023-05-15 Denied Response WaivedIFP 1st-amendment 8th-amendment appellate-review civil-rights constitutional-rights court-of-appeals due-process first-amendment judicial-review legal-procedure post-conviction-relief retroactivity Is retroactivity applicable for post-conviction relief?
22-7492 Cedric Winston O'Neal v. Craig Hughes, Warden Sixth Circuit 2023-05-10 Denied Response WaivedIFP 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?
22-7462 Ronnie Bowman v. United States Fourth Circuit 2023-05-04 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing Whether the district court erred in denying petitioner's motion for a new trial based on the alleged violation of his constitutional rights under the …
22-1063 Tennessee v. Tyshon Booker Tennessee 2023-05-02 Denied Response Waived 8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-guidelines term-of-years-sentences Whether the Eighth Amendment prohibits term-of-years sentences that effectively deny juvenile offenders a meaningful opportunity for release
22-7340 Damorius D. Gaines v. Geoffrey Benedict Eaton, et al. Fourth Circuit 2023-04-20 Denied IFP 4th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance-of-counsel search-warrant Did the South Carolina courts err in denying relief on petitioner's claims that his constitutional rights were violated?
22-7305 Stacey Johnson, et al. v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2023-04-17 Denied IFP 8th-amendment cruel-and-unusual-punishment eighth-amendment execution-challenge method-of-execution prisoner-rights scientific-consensus severe-pain standing Whether the Eighth Amendment requires a prisoner challenging the method of his execution to show a scientific consensus that the method is sure or ver…
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 qualified immunity cases?
22-7232 Darrell Gunn v. Frederick N. Berntein, et al. Second Circuit 2023-04-06 Denied Response WaivedIFP 8th-amendment assault assault-case civil-rights constitutional-rights criminal-procedure due-process evidentiary-standards judicial-review medical-treatment retaliation Whether plaintiff was within the 5-year statute of 42 U.S.C. Section 1983(a) when he filed Section 1983 claims
22-7141 Donald McDonald v. Illinois Illinois 2023-03-29 Dismissed Response WaivedIFP 14th-amendment 8th-amendment eighth-amendment fourteenth-amendment habitual-criminal-act life-sentence non-violent-felony proportionate-penalties proportionate-penalties-clause sentencing solem-v-helm Whether the decision of the First District Appellate court of Illinois denying Petitioner's proportionate penalty clause claim conflicts with the deci…
22-7135 Victoria Michelle Drain v. Ohio Ohio 2023-03-29 Denied IFP 8th-amendment capital-punishment capital-sentencing defense-counsel eddings-v-oklahoma eighth-amendment mitigating-evidence ohio-supreme-court sentencing-review strategic-choice Whether defense counsel has discretion to present mitigating evidence in a capital case
22-7134 Christopher L. Whitaker v. Ohio Ohio 2023-03-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment Is a capital defendant's offer to plead guilty and waive all post-trial procedures in exchange for a life sentence admissible as mitigating evidence?
22-7049 Robert A. Martinez, Jr. v. Lucas County Jail Sixth Circuit 2023-03-21 Denied IFP 8th-amendment americans-with-disabilities-act civil-rights constitutional-rights disability-rights due-process eighth-amendment inmate-healthcare medical-treatment Is it legal to refuse prescribed medication to a Disabled person while incarcerated?
22-6762 Ryan Galal Van Dyck v. Arizona Arizona 2023-02-13 Denied Response WaivedIFP 8th-amendment child-pornography cruel-and-unusual-punishment eighth-amendment life-sentence mandatory-sentencing proportionality sentencing Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abu…
22-6739 Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-02-09 Denied IFP 14th-amendment 8th-amendment capital-punishment certificate-of-appealability circuit-split constitutional-law due-process eighth-amendment habeas-corpus intellectual-disability retroactivity Whether the denial of a Certificate of Appealability (COA) on the denial of a motion that seeks to amend a habeas petition pending on appeal violates …
22-6577 Marcus Brent Fields v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2023-01-23 Denied IFP 14th-amendment 8th-amendment civil-rights constitutional-rights discrimination due-process housing-policy medical-ethics prison-conditions prisoner-rights segregation Whether the petitioner's constitutional rights were violated when he was injected with the harmful Pfizer COVID-19 vaccine against his will
22-6524 Barry L. Brookins v. Rajendra Dwivedi Ninth Circuit 2023-01-11 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law Whether the plaintiff's 8th Amendment right against cruel and unusual punishment has been violated through an unlawful surgery performed without the p…
22-6400 José L. Canales-Cancel v. United States, et al. First Circuit 2022-12-27 Denied Response WaivedIFP 14th-amendment 5th-amendment 8th-amendment civil-rights constitutional-rights due-process equal-protection federal-jurisdiction first-amendment privacy-and-1st-amendment statutory-interpretation jurisdiction-under-28-usc-1331
22-6384 Peter Gakuba v. Larry Henderson, et al. Seventh Circuit 2022-12-22 Denied Response WaivedIFP 14th-amendment 8th-amendment administrative-remedies civil-rights constitutional-violations deliberate-indifference due-process eighth-amendment kosher-meal-requirements prisoner-rights Whether the Eighth Amendment requires prison officials to accommodate a prisoner's serious medical needs, including a life-threatening food allergy, a…
22-6366 Brala Beverly v. Orange County Sheriff, et al. Ninth Circuit 2022-12-21 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights civil-rights-violations constitutional-rights due-process equal-protection gender-identity transgender-rights Is it constitutional for the County of Orange in California, and the Orange County Sheriff, as a matter of custom or policy, to pretend transgender pe…
22-6241 Clarence Lee Hooker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-07 Denied IFP 6th-amendment 8th-amendment appellate-review civil-rights constitutional-claims due-process equal-protection federal-law ineffective-assistance-of-counsel judicial-misconduct legal-interpretation procedural-due-process Whether the U.S. Court of Appeals for the 6th Circuit erred by denying petitioner's claims of ineffective assistance of counsel, due-process, equal-pr…
22-6193 Marie Assa'ad-Faltas v. South Carolina South Carolina 2022-12-01 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights constitutional-rights contempt-power contempt-powers due-process eighth-amendment judicial-discretion jury-trial prison-overcrowding Whether incarceration for up to six months for alleged indirect contempt without trial by jury is always per se cruel and unusual
22-6134 Eugene Riley III v. Illinois Illinois 2022-11-22 Denied Response WaivedIFP 8th-amendment constitutional-violation criminal-sentencing cruel-and-unusual-punishment de-facto-life-sentence due-process juvenile-justice juvenile-offenders miller-v-alabama mitigating-factors sentencing-guidelines Did the State Court violate the U.S. Constitution when it imposed a 32 year sentence when it disregarded the mitigating factors laid out in Miller v. …
22-6132 Michael Dominick Mencher v. United States Eleventh Circuit 2022-11-22 Denied Response WaivedIFP 8th-amendment categorical-approach crime-of-violence criminal-law due-process federal-criminal-law federal-sentencing first-degree-murder sentencing-enhancement statutory-interpretation violent-crime Whether Florida's First-Degree Premeditated Murder Statute is categorically a crime of violence for purposes of 18 U.S.C.§ 924(C)?
22-6096 Gary Eye v. United States Eighth Circuit 2022-11-18 Denied IFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
22-6088 Tupoutoe Mataele v. California California 2022-11-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment aggravating-circumstances constitutional-requirements criminal-sentencing death-penalty jury-finding jury-trial reasonable-doubt Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
22-6044 Jerlard Derek Rembert v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2022-11-10 Denied Response WaivedIFP 1983 8th-amendment civil-rights due-process eighth-amendment federal-jurisdiction heck-doctrine section-1983 statute-of-limitations subject-matter-jurisdiction Whether the lower court erred in dismissing the plaintiff's 1983 civil-rights complaint for failure to show cause as to why the court should not dismi…
22-5943 Isaiah Tyler v. Kentucky Department of Corrections Kentucky 2022-10-28 Denied IFP 14th-amendment 8th-amendment due-process eighth-amendment equal-protection fourteenth-amendment liberty-interest violent-offender-statute Do Kentucky's violent offender statute create a liberty interest protected by due process?
22-386 Andy A. Weimer v. Washington Washington 2022-10-25 Denied Response Waived 8th-amendment admiralty-law amendment-eight amendment-seven civil-rights constitutional-rights constitutional-supremacy due-process jury-trial law-enforcement-conduct Whether state and county governments can violate constitutional rights by invoking admiralty/maritime law and denying a jury trial under the 7th Amend…
22-5889 Michael Paul Jessup v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP 8th-amendment constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, …
22-5808 Zachary Spada v. Pennsylvania Department of Corrections, et al. Pennsylvania 2022-10-12 Denied IFP 8th-amendment civil-rights covid-19 covid-19-restrictions damages-claim due-process exercise-opportunities inmate-rights institutional-liability mootness mootness-doctrine standing Whether an inmate has a right to sue for denial of exercise and recreation opportunities during COVID-19 restrictions
22-5771 Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. Eighth Circuit 2022-10-05 Denied IFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires that a defendant be sentenced to a term of imprisonment that is pr…
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 Did Court of Appeals err in ruling on disability claims under the ADA and Rehabilitation Act?
22-5661 Anthony Dewayne Lee Turner v. Unknown Ninth Circuit 2022-09-22 Denied IFP 8th-amendment appeal-status bail-funding bail-funding-appeal certiorari due-process jurisdiction motions-for-new-trial non-trial-motions post-conviction post-conviction-records Question not identified
22-5584 Emru Kebede v. Pennsylvania Pennsylvania 2022-09-15 Denied IFP 8th-amendment age-discrimination due-process eighth-amendment equal-protection juvenile-offenders juvenile-sentencing mandatory-minimum mandatory-minimum-sentences roper-v-simmons Do the decisions of this Court in Roper v. Simmons and Miller v. Alabama establish a fundamental right for offenders under 18 years of age as it relat…
22-5559 Patricio Estrada v. Troy Nehls, Sheriff, Fort Bend County, Texas, et al. Fifth Circuit 2022-09-12 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights deliberate-indifference disciplinary-isolation due-process eighth-amendment equal-protection medical-treatment prison-conditions Whether Estrada's due process rights were violated by being placed in disciplinary isolation prior to any hearing
22-5544 Jason L. Sanders v. Matt Macauley, Warden, et al. Sixth Circuit 2022-09-09 Denied Response WaivedIFP 8th-amendment civil-rights covid-19 due-process medical-care prisoner-rights Question not identified
22-5405 Perry Sawano v. Colorado Colorado 2022-08-19 Denied IFP 8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review Does the Eighth Amendment require a sentencing court to consider a defendant's overall/aggregate sentence when conducting a proportionality review?
22-5358 James L. Miller v. Amir Kashani, et al. Ninth Circuit 2022-08-17 Dismissed Relisted (2)IFP 8th-amendment civil-rights due-process excessive-fines incorporation takings Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
22-5297 Jean Max Darbouze v. California California 2022-08-05 Denied IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment fourteenth-amendment helling-v-mckinney state-application Whether the respondent violated the petitioner's 8th Amendment constitutional rights, as applied to the State of California via the 14th Amendment
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 Petitioner, Ms. Franz, has stated a claim for Respondents' deprived deliberate indifference to her serious medical needs
21-8156 Demetrius Antwon Wilson v. Jeffrey Alvarez, et al. Ninth Circuit 2022-06-16 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-treatment prisoner-rights Whether prison officials are deliberately indifferent when they delay or intentionally interfere with medical treatment
21-8043 William Sims v. Alexis Figueroa Eleventh Circuit 2022-06-02 Denied Response WaivedIFP 8th-amendment civil-rights due-process eleventh-circuit factual-disputes medical-care nonmovant-rights prison-conditions prisoner-rights summary-judgment Does the decision below, which misstates a summary judgment record and resolves factual disputes against a nonmovant, warrant summary reversal?
21-8005 Mark M. Lowe v. Harold W. Clarke, Director, Virginia Department of Corrections, et al. Fourth Circuit 2022-05-31 Denied Response WaivedIFP 14th-amendment 8th-amendment access-to-courts amendment-violation civil-rights constitutional-rights department-of-corrections due-process human-needs judicial-disqualification pro-se-appellant standing Whether the denial of basic human needs violates individual rights under the 6th, 8th, and 14th Amendments to the United States Constitution
21-7829 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-05-11 Denied IFP 8th-amendment competency-to-be-executed eighth-amendment execution-standard mental-competency mental-illness non-bizarre-delusions panetti-precedent panetti-v-quarterman schizophrenia Does Panetti v. Quarterman foreclose a schizophrenic prisoner from demonstrating that non-bizarre delusions obstruct his rational understanding of the…
21-7839 Sloan Patrick Stanley v. Jeffrey Uttecht, Superintendent, Coyote Ridge Corrections Center, et al. Ninth Circuit 2022-05-11 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-violation deliberate-indifference deliberative-evidence due-process habeas-corpus judicial-review petition-reconsideration standing untimely-filing Did the court commit error when it dismissed my complaint as frivolous?
21-7780 Selvin Orlando Carranza v. California California 2022-05-05 Denied Response WaivedIFP 4th-amendment 8th-amendment brady-violation constitutional-rights due-process exculpatory-evidence impeachment-evidence police-misconduct prosecutorial-misconduct third-party-culpability Whether a prosecutor's failure to disclose exculpatory and impeachment evidence related to a police officer's prior criminal conduct violates the defe…
21-7759 Mikkel McKinnie v. United States Fourth Circuit 2022-05-03 Denied Response WaivedIFP 21-usc-841 8th-amendment burrage-precedent causation drug-offense drug-related-death due-process guideline-range sentencing sentencing-reasonableness upward-variance Whether the Lower Courts Erred in Not Applying the Court's Precedent in Burrage v. United States
21-1401 John Doe v. Colonel Gary T. Settle, Superintendent, Virginia Department of State Police Fourth Circuit 2022-05-02 Denied Response Waived 8th-amendment civil-rights constitutional-law criminal-procedure due-process eighth-amendment punishment punishment-analysis sex-offender-registry smith-v-doe state-restrictions Whether a state sex offender registry that imposes restrictions on individuals beyond mere registration with state or local law enforcement constitute…
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release Question not identified
21-7663 Guy Adam Rook v. Donald Holbrook Ninth Circuit 2022-04-20 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment federal-constitutional-law gross-disproportionality habeas-corpus harmelin-v-michigan lockyer-v-andrade state-constitutional-law supreme-court-precedent Whether a state constitutional test that is less protective than the federal constitutional test fails to 'adjudicate[ ... ] the merits' of the federa…
21-1363 Brandon Scott Lavergne v. Darrell Vannoy, Warden Fifth Circuit 2022-04-19 Denied Response Waived 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence?
21-7652 Damian Scott Olvera v. United States Eighth Circuit 2022-04-19 Denied Response WaivedIFP 8th-amendment 8th-circuit certificate-of-appealability circuit-court constitutional-rights due-process federal-procedure habeas-corpus judicial-review miller-el-v-cockrell slack-v-mcdaniel Whether the Eighth Circuit's Court of Appeals misapplied the standard for issuing a Certificate of Appealability
21-7512 Kevin E. Herriott v. Major Parrish, et al. Fourth Circuit 2022-03-31 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment disciplinary-action due-process eighth-amendment excessive-force good-faith good-faith-effort law-enforcement Whether petitioner given defendants' notice of what the claims are and the grounds upon which it rests?
21-7485 Terrell Staton v. Ned Lamont Second Circuit 2022-03-29 Denied Response WaivedIFP 8th-amendment civil-rights disciplinary-report due-process eighth-amendment grievance-procedure judicial-discretion legal-access malicious-interference procedural-restrictions retaliation Did Gam E cE | ~ NoTKE expose the plaintiff to dangerous living conditions by his reluctance and insubordination to wear his mask appropriately?
21-7426 Eric Jason Spears v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2022-03-22 Denied IFP 8th-amendment constitutional-rights due-process evidence-standards ineffective-assistance-of-counsel judicial-discretion legal-procedure post-conviction procedural-fairness prosecutorial-misconduct standing Whether the petitioner's successive petition for post-conviction relief was unconstitutionally denied due to a malicious claim
21-7435 Ronell Williams v. Kansas Kansas 2022-03-22 Denied Response WaivedIFP 8th-amendment constitutional-interpretation discretionary-sentencing jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion youth-characteristics Does this Court's decision in Jones v. Mississippi mandate that states must strictly apply that any discretion in sentencing a juvenile to life withou…
21-1268 Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-18 Denied 14th-amendment 42-usc-1983 8th-amendment civil-rights cruel-and-unusual-punishment death-penalty death-row eighth-amendment habeas-relief method-of-execution section-1983 Whether Mr. Smith's method-of-execution challenge is cognizable under 42 U.S.C. § 1983
21-7288 Rolandis Larenzo Chatmon v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2022-03-07 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights due-process eighth-amendment excessive-force inmate-treatment prison prison-policy standing Has the U.S. Court of Appeals for the Eighth Circuit created a harmful precedent that would establish that an officer/prison guard could give a citize…
21-1210 Scott County, Tennessee v. Tammy Brawner Sixth Circuit 2022-03-04 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 8th-amendment civil-rights constitutional-rights deliberate-indifference due-process medical-care objective-standard pretrial-detainee pretrial-detention subjective-test Whether this Court should apply the subjective test for deliberate indifference set forth in Farmer v. Brennan to claims by pretrial detainees of inad…
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 Whether the Nevada Department of Corrections officials violated the Eighth Amendment by failing to provide adequate medical care to a prisoner during …
21-7185 Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al. Maryland 2022-02-23 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights due-process eighth-amendment juvenile-offender juvenile-offenders liberty-interest parole parole-hearing sentencing-procedure Whether the Eighth Amendment extends to governmental release systems for juvenile offenders
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 qualified-immunity-doctrine-demands-identical-fact-pattern
21-6948 Robert Earl Ramseur v. United States Fifth Circuit 2022-01-25 Denied Response WaivedIFP 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing-without resubmission to t…
21-6954 Robert Jurado v. Ronald Davis, Warden Ninth Circuit 2022-01-25 Denied IFP 14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts
21-6818 Arron Lawson v. Ohio Ohio 2022-01-11 Denied IFP 5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings Does a state Court proceeding resulting in a death sentence violate the Fifth and Eighth Amendments when the court fails to ensure the defendant's com…
21-6622 Rufus Lawson, Jr. v. Officer West, et al. Fourth Circuit 2021-12-15 Denied IFP 8th-amendment criminal-procedure due-process excessive-fines statutory-interpretation tax-evasion Whether the statute prohibiting willful failure to pay income taxes violates the Eighth Amendment's prohibition on excessive fines
21-6590 Terry Lynn King v. Tennessee Tennessee 2021-12-14 Denied IFP 8th-amendment categorical-approach constitutional-vagueness death-penalty death-sentence due-process elements-based-approach johnson-precedent prior-conviction prior-violent-felony sentencing-aggravator vagueness Is the 'prior violent felony conviction' aggravating factor in Tennessee's death penalty statutes unconstitutional under Johnson v. United States, 135…
21-6517 Mark Stinson v. K. Cauley, et al. Eighth Circuit 2021-12-07 Denied Response RequestedRelisted (3)IFP 5th-amendment 8th-amendment administrative-segregation civil-rights constitutional-limits due-process fifth-amendment inmate-rights prison-administration What limits the Due Process Clause of the Fifth Amendment places on the authority of prison administrators to remove inmates from the general prison p…
21-6550 Wade Lay v. Aboutanaa El Habti, Warden, et al. Tenth Circuit 2021-12-07 Denied IFP 8th-amendment appellate-procedure civil-liberties civil-rights constitutional-rights criminal-procedure death-penalty due-process execution judicial-discretion standing Whether the execution protocol used by the State of Oklahoma violates the Eighth Amendment's prohibition on cruel and unusual punishment
21-6531 Billy Mack Nichols, Jr. v. Gary Kerstein, et al. Eighth Circuit 2021-12-06 Denied Relisted (2)IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment equal-protection medical-care medical-negligence summary-judgment Whether the lower courts failed to address the medical needs of the petitioner's central diabetes insipidus
21-6430 Michael Cardora Roberson v. Joe Morgan, et al. Fifth Circuit 2021-11-29 Denied IFP 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment deliberate-indifference due-process section-1983 serious-medical-needs under-color-of-state-law Whether the defendants' deliberate indifference to the plaintiff's serious medical needs violated the plaintiff's rights and constituted cruel and unu…
21-6414 Charles Wayne Marietta v. Leanne LoBue, et al. Ninth Circuit 2021-11-24 Denied Relisted (2)IFP 8th-amendment civil-rights discovery due-process judicial-discretion medical-evidence medical-treatment summary-judgment Did the District Court of Arizona err in granting Summary Judgment for Defendants without presenting all the elements of Appellants' medical complaint…
21-6237 Glenn C. Damond v. Louisiana Louisiana 2021-11-10 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment juvenile-offenders life-without-parole non-homicide-offenses Whether the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of a life sentence without the possibility of parole for …
21-6160 Dennis Dean Smith v. United States Eighth Circuit 2021-11-03 Denied Response WaivedIFP 8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes Has the Eighth Amendment's prohibition on cruel and unusual punishment required the Supreme Court to remedy it in the case where persons similarly sit…
21-6093 Jeffrey D. Leiser v. Karl Hoffmann, et al. Seventh Circuit 2021-10-27 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment inmate-rights medical-treatment summary-judgment wanton-suffering Did the District Court and Seventh Circuit Court of Appeals misapplied the legal presidents that 46 days of severe 'unnecessary inflict of wanton pain…
21-5900 Justin Anderson v. Arkansas Arkansas 2021-10-05 Denied IFP 8th-amendment capital-case constitutional-rights criminal-sentencing due-process eighth-amendment prior-offense resentencing sentencing victim-impact victim-impact-evidence Whether the Eighth Amendment permits a State to present victim-impact evidence arising from a crime other than the murder for which the defendant is b…
21-5842 Raymond Lee Bosarge v. Alabama Alabama 2021-10-01 Denied IFP 2nd-amendment 8th-amendment civil-rights due-process standing takings Whether the New York ban on carrying firearms in public for self-defense violates the Second Amendment
21-5792 Karl Roye v. United States Second Circuit 2021-09-28 Denied Response WaivedIFP 8th-amendment 8th-amendment-violation constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-life-without-parole miller-v-alabama sentencing Whether the Second Circuit erred, in violation of the Eighth Amendment, when it concluded that Miller v. Alabama, 567 U.S. 460 (2012) condoned the imp…
21-437 Yao Pone v. Board of County Commissioners for Calvert County Maryland 2021-09-23 Denied Response Waived 8th-amendment administrative-abuse civil-rights constitutional-rights due-process excessive-fines racial-discrimination takings zoning zoning-violations Were unjustifiable excessive fines imposed by the Calvert County's Planning and zoning employees to the Petitioner?
21-5721 In Re Michael Wappler 2021-09-20 Denied IFP 14th-amendment 8th-amendment civil-rights covid-19 due-process prison-conditions Whether a prisoner who is among a group identified by the CDC as vulnerable to the more contagious COVID-19 'D' variant is entitled to early release t…
21-5704 Antoine Martwain Hill-El v. Calvin Johnson, Warden Fourth Circuit 2021-09-17 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights due-process excessive-fines incorporation Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause
21-5587 Calvin Jarrod Hester v. Folashade Ituah Fifth Circuit 2021-09-08 Denied IFP 14th-amendment 8th-amendment circuit-court-review civil-procedure civil-rights constitutional-rights due-process judicial-conflict motion-to-amend standing Whether the lower court erred and abused its discretion in dismissing the deprivation of constitutional rights and civil rights violations claim
21-5550 Darrel Welch v. Illinois Illinois 2021-09-01 Denied IFP 8th-amendment civil-rights due-process excessive-fines incorporation takings Whether the Eighth Amendment's prohibition on excessive fines applies to the states
21-5540 Guadalupe Urbina-Rodriguez v. United States Eighth Circuit 2021-08-31 Denied Response WaivedIFP 18-usc-922g1 18-usc-924a2 8th-amendment 8th-circuit carachuri-rosendo-v-holder criminal-firearm-possession criminal-history eighth-circuit-precedent felony-enhancement second-amendment-rights sentencing-interpretation statutory-construction whether-prior-offenses-constitute-felony-for-enhanced-sentence
21-5481 James Earnest Watts v. Mississippi Mississippi 2021-08-25 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing Whether the Supreme Court should grant certiorari to review the conviction and sentence of the petitioner under the Eighth Amendment's prohibition on …
21-5467 Michael Denton v. Ron Haynes, Warden, et al. Ninth Circuit 2021-08-24 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment habeas-corpus search-and-seizure sentencing Whether the Ninth Circuit Court of Appeals erred in denying Petitioner's request for a certificate of appealability
21-5391 Jermontae Moss v. Georgia Georgia 2021-08-17 Denied Response WaivedIFP 8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole?
21-5346 Genard Alonzo Toney v. United States Eighth Circuit 2021-08-11 Denied Response WaivedIFP 8th-amendment civil-rights criminal-law due-process sentencing statutory-interpretation Whether the activity enhancement under 18 U.S.C. 2241(c) violates the Eighth Amendment's prohibition on cruel and unusual punishment
21-153 Nagui Mankaruse v. Intel Corporation, et al. Federal Circuit 2021-08-04 Denied Relisted (2) 14th-amendment 5th-amendment 8th-amendment amendment-violations bill-of-rights civil-liberties civil-rights constitutional-rights due-process equal-protection free-speech Whether the United States Supreme Court must defend the Bill of Rights of our Great United States Constitution?
21-5297 Kurzie Lee Curtis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-04 Denied IFP 8th-amendment bureau-of-prisons civil-rights compassionate-release due-process first-step-act Whether the Bureau of Prisons' policy of denying compassionate release to inmates who have not served at least 50% of their sentence violates the Firs…
21-5269 Toy Terrell Smith v. J. Torres, et al. Ninth Circuit 2021-08-02 Denied Response WaivedIFP 8th-amendment civil-rights deliberate-indifference due-process prison-conditions transfer-policy Whether a prisoner's transfer to a facility where he previously caused a riot constitutes cruel and unusual punishment
21-5164 Larry G. Coker v. Alabama Alabama 2021-07-21 Denied Response WaivedIFP 8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration Whether the re-sentencing of the petitioner to 25 years, which exceeded the lawful sentence, violated the 8th Amendment prohibition on cruel and unusu…
21-5108 Victor Willis v. Illinois Illinois 2021-07-14 Denied IFP 8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been determined to be intelle…
21-5066 Aquabeus Moore v. United States Fourth Circuit 2021-07-09 Denied IFP 14th-amendment 8th-amendment 924(c)-enhancement crime-of-violence eighth-amendment equal-protection first-step-act fourteenth-amendment hobbs-act hobbs-act-robbery Whether Petitioner's conviction of Hobbs Act Robbery constitutes a 'crime of violence' considering new case law and the passage of the First Step Act?
21-5071 Gigi Fairchild Littlefield v. California California 2021-07-09 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights covid-19 criminal-procedure due-process judicial-interpretation prison-reform prosecutorial-discretion sentencing-guidelines standing systemic-injustice Whether the State of California's Department of Corrections has ignored a court ruling that jeopardized the lives and caused injuries and deaths of ma…
20-8340 Reginald Charles Harvey v. Tennessee, et al. Sixth Circuit 2021-06-21 Denied Response WaivedIFP 8th-amendment civil-rights compassionate-release covid-19 due-process prison-reform What constitutional and statutory rights were violated when the Tennessee Department of Correction denied the petitioners' request for compassionate r…
20-8289 Cush Ajelya Wright-El, aka James Joseph Owens-El v. Mr. Thomas, Warden, et al. Second Circuit 2021-06-11 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process free-speech standing Whether the Second Circuit Court of Appeals erred in dismissing the petitioner's claims alleging violations of his constitutional rights under the Fir…
20-8276 Joel Barcelona v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-10 Denied Response WaivedIFP 8th-amendment administrative-refusal civil-rights constitutional-rights deliberate-indifference disability-accommodation due-process healthcare-access medical-needs medical-rights statutory-rights Whether the respondents acted with deliberate indifference when they refused to authorize payments for a hearing aid, a medically necessary device to …
20-1697 Alice Kimble v. United States Federal Circuit 2021-06-09 Denied Response Waived 8th-amendment eighth-amendment excessive-fine fbar foreign-bank-account-report statutory-interpretation tax-evasion tax-penalty willful-violation willfulness Did the Court err in holding that Alice acted willfully, despite the lack of proof either that she had knowledge of the requirement to file an FBAR or…
20-8253 Blaine Keith Milam v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-08 Denied IFP 28-usc-2244 8th-amendment constitutional-interpretation due-process eighth-amendment federal-review habeas-corpus intellectual-disability statutory-limitation suspension-clause Can 28 U.S.C. § 2244(b) be constitutionally interpreted to bar first-time federal habeas corpus merits review of an Eighth Amendment claim of intellec…
20-8206 Prentiss Morris v. Oklahoma Oklahoma 2021-06-02 Denied IFP 8th-amendment administrative-law civil-rights constitutional-law criminal-procedure due-process evidence judicial-review legal-procedure mental-health sentencing statutory-interpretation Can a person be convicted of alleged crimes based on mental retardation or other mental disabilities?
20-8139 Mark W. Blond, Jr. v. New York New York 2021-05-26 Denied Relisted (2)IFP 6th-amendment 8th-amendment due-process equal-protection habeas-corpus state-court-procedure Whether the petitioner's constitutional rights were violated when the state court denied his request for a writ of error coram nobis without a hearing
20-8070 Michael Mejia v. Randy Pfister, et al. Seventh Circuit 2021-05-19 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights conditions-of-confinement due-process sleep-deprivation Whether the application of the Eighth Amendment's prohibition on cruel and unusual punishment and the Fourteenth Amendment's guarantee of due process …
20-8048 James Terry Colley, Jr. v. Florida Florida 2021-05-17 Denied IFP 14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme Whether Florida's death penalty scheme is unconstitutional as applied because the Florida Supreme Court's expansion of the 'especially heinous, atroci…
20-1562 Faye Strain, as Guardian of Thomas Benjamin Pratt v. Vic Regalado, et al. Tenth Circuit 2021-05-11 Denied Amici (5) 8th-amendment circuit-split civil-rights constitutional-rights due-process jail jail-official medical-care pretrial-detainee pretrial-detainees subjective-knowledge Whether a pretrial detainee can prevail against a jail official who disregarded an obvious risk of serious harm or whether the pretrial detainee must …
20-7976 Treyton Lee Thomas v. United States Fourth Circuit 2021-05-10 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-provision court-filing due-process excessive-fines incorporation jurisdictional-issue legal-document scotus-petition writ-of-certiorari Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
20-1497 Yao Pone v. Board of County Commissioners for Calvert County, Maryland Maryland 2021-04-28 Denied Response Waived 8th-amendment administrative-law administrative-procedure civil-rights county-regulations covid-19-restrictions due-process standing takings zoning zoning-violations Were the citations issued by the County sufficient notice of violations?
20-7849 Ismael Lopez v. United States, et al. Second Circuit 2021-04-26 Denied Response WaivedIFP 8th-amendment accomplice-liability constitutional-review criminal-procedure due-process factor-based-analysis mandatory-sentencing mens-rea nexus proportionality-test sentencing Whether mandatory sentences are constitutional
20-7851 Luis Noel Cruz, aka Noel v. United States Second Circuit 2021-04-26 Denied Response WaivedIFP 8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion Should the protections of Miller v. Alabama be extended to 18-year-olds?
20-7802 Michael Green v. Illinois Illinois 2021-04-19 Denied IFP 6th-amendment 8th-amendment civil-rights constitutional-law criminal-procedure due-process judicial-review legal-doctrine precedent public-policy standing statutory-interpretation Whether there exists a factual basis to support petitioner's conviction
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 When the unconstitutionality of an officials' conduct is reasonably obvious, does that suffice to render the violation of those constitutional rights …
20-7453 Douglas D. Jackson v. United States Seventh Circuit 2021-03-15 Denied Response WaivedIFP 8th-amendment criminal-procedure due-process sentencing statutory-interpretation venue Whether the venue was proper in the Northern District of Indiana
20-7397 William Randolph King v. Thomas Winn, Warden Sixth Circuit 2021-03-09 Denied IFP 8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur…
20-1234 Marianne Baptiste, et al. v. Massachusetts Executive Office of Health and Human Services, et al. Massachusetts 2021-03-08 Denied 42-usc-1983 8th-amendment civil-rights constitutional-protection due-process juvenile-detention juvenile-rights medical-treatment state-custody Whether a juvenile committed to the custody of the State enjoys the protection of the Fourteenth Amendment's Due Process clause when evaluating the ju…
20-7368 Antonio Dewayne Hooks v. Kayodi Atoki, et al. Tenth Circuit 2021-03-08 Denied IFP 14th-amendment 8th-amendment civil-rights deliberate-indifference due-process excessive-force failure-to-protect fourteenth-amendment medical-needs objective-reasonableness pretrial-detainee Whether Kingsley v. Hendrickson's objective-reasonableness standard applies to pretrial detainees' deliberate-indifference claims
20-7342 In Re Christopher Vigliotti 2021-03-05 Denied IFP 14th-amendment 8th-amendment covid-19 covid-19-risk cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus prison-conditions Should the court issue an emergency writ of habeas corpus requiring respondent's to release petitioner due to the fact COVID-19 and its variants prese…
20-7157 David Smith-Garcia v. Paula Burke Ninth Circuit 2021-02-16 Denied Response WaivedIFP 8th-amendment bivens civil-rights constitutional-rights deliberate-indifference due-process eighth-amendment medical-care medical-need prison-healthcare probation Does an Eighth Amendment claim for deliberate indifference to a serious medical need against a U.S. Probation officer present a valid Bivens claim in …
20-7061 Frank Durand Tomlin v. Todd E. Ishee Fourth Circuit 2021-02-05 Denied IFP 8th-amendment basic-human-needs civil-rights constitutional-law discrimination due-process equal-protection prison-conditions public-policy standing Does prison officials' issuance of hygiene and cosmetics that do not work to prisoners constitute deprivation of a basic human need objectively suffic…
20-7049 Edwin Gonzalez v. United States First Circuit 2021-02-04 Denied Response WaivedIFP 8th-amendment age-based-sentencing brain-development constitutional-interpretation criminal-justice cruel-and-unusual-punishment juvenile-sentencing life-without-parole rehabilitation Whether the Miller ban on mandatory life without parole sentences for juvenile homicide offenders should be extended to youths under the age of 21
20-6872 Scott Hildreth v. Kim Butler, et al. Seventh Circuit 2021-01-13 Denied Response WaivedIFP 8th-amendment civil-rights deliberate-indifference eighth-amendment grievance-process medical-neglect medical-treatment medication-refill policy prisoner-rights Is it right that the defendant Wexford health service, (Menard CC ) have returned to their same old song and dance and have been not properly or timel…
20-941 Gregory Atkins, et al. v. Kenneth Williams, Medical Director, Tennessee Department of Correction Sixth Circuit 2021-01-13 Denied 8th-amendment cruel-and-unusual-punishment deliberate-indifference eighth-amendment injunctive-relief lack-of-funds official-capacity prison-conditions subjective-component Does the unavailability of funds or other resources negate the subjective component of a deliberate indifference claim under the Eighth Amendment?
20-6829 Joseph J. Buttercase v. Nebraska Nebraska 2021-01-11 Denied Response WaivedRelisted (2)IFP 14th-amendment 8th-amendment actual-innocence due-process eighth-amendment fourteenth-amendment nebraska postconviction-relief pro-se Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence?
20-6746 Jonathan Loyd v. Florida Florida 2020-12-31 Denied IFP 8th-amendment age-of-offender constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-imprisonment mandatory-life-sentence sentencing Whether a mandatory term of life imprisonment imposed upon an offender under the age of 18 is per se lawful under the Eighth Amendment?
20-6684 Daniel Todd Silveria v. California California 2020-12-22 Denied IFP 8th-amendment capital-case due-process joint-trial mitigating-evidence severance May a court exclude significant mitigating evidence in a capital case by joining two codefendants in a single trial before a single jury?
20-830 Washington v. Said Omer Ali Washington 2020-12-21 Denied Amici (3) 8th-amendment criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-determination sentencing-guidelines supreme-court-precedent Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c…
20-831 Washington v. Endy Domingo-Cornelio Washington 2020-12-21 Denied Amici (3) 8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-review sentencing-guidelines Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c…
20-6542 Alfonso Percy Pew v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Pennsylvania 2020-12-07 Denied IFP 1st-amendment 8th-amendment civil-rights due-process eighth-amendment federal-religious-land-use-institutionalized-perso federal-settlement-agreement first-amendment pro-se-litigant religious-land-use standing Whether the Pennsylvania state court judicial system has created a hands-off doctrine for pro se litigant's 42 U.S.C. §1983 civil-rights complaint all…
20-765 M. S. Willman v. Merrick B. Garland, Attorney General Sixth Circuit 2020-12-03 Denied Response WaivedRelisted (2) 8th-amendment constitutional-rights declaratory-relief eighth-amendment federal-registry full-faith-and-credit res-judicata sex-offender-registration sorna sorna-compliance Whether state sex offenders are only required to register with their jurisdiction or if SORNA imposes an independent federal registration obligation
20-6403 Casey Mattingly v. Duval County Jail, et al. Eleventh Circuit 2020-11-23 Denied Response WaivedIFP 14th-amendment 8th-amendment appellate-procedure civil-rights constitutional-rights due-process equal-protection jury-trial summary-judgment Whether the Eleventh Circuit Court erred in dismissing the Plaintiff's appeal, demonstrating a violation of the Plaintiff's constitutional rights unde…
20-6134 Adam Alfredo Flores v. United States Fifth Circuit 2020-10-26 Denied Response WaivedIFP 8th-amendment criminal-history cruel-and-unusual-punishment disproportionate-sentence eighth-amendment felon-in-possession sentencing-guidelines substantive-reasonableness Was a maximum ten year sentence above the guidelines of 70 to 87 months' imprisonment for Felon in Possession of a Firearm substantively unreasonable,…
20-6056 Matthew Jones v. Jose Capiro Delaware 2020-10-16 Dismissed IFP 8th-amendment abuse-of-process civil-procedure civil-rights court-appointed-psychiatrist due-process judicial-process legal-frivolity malicious-prosecution medical-misdiagnosis section-1983-claim standing Did the lower Courts correctly use the 10-delaware-code-subsection-8803
20-6026 Kenneth H. Newkirk v. Jeffery Kiser, Warden Fourth Circuit 2020-10-15 Denied IFP 8th-amendment civil-matter civil-rights court-of-appeals deliberate-indifference due-process judicial-review legal-proceeding medical-care pattern-of-misconduct physical-injury standing Whether the petitioner should be subjected to deliberate indifference to serious medical needs under the Eighth Amendment, even though the petitioner …
20-6010 Cezary Wojcik v. Cook County, Illinois, et al. Seventh Circuit 2020-10-14 Denied IFP 14th-amendment 8th-amendment ada ada-statute civil-rights constitutional-rights disabled-persons disabled-prisoners-rights eighth-amendment estelle-v-gamble fourteenth-amendment medical-care Did cook county defendants violate disabled Cezary Wojcik Constitutional Rights
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 Whether a trial court can disregard the Whitley-factors in an Eighth-Amendment-excessive-force case
20-5732 Ernest Seadin v. Dean Williams, Director, Colorado Department of Corrections Tenth Circuit 2020-09-18 Denied Response WaivedRelisted (2)IFP 8th-amendment constitutional-rights eighth-amendment equal-protection fourteenth-amendment new-evidence no-escape-conviction plea-agreement sentence-expiration sentencing-violation Is the State of Colorado subjecting Petitioner to a death in prison sentence
20-5716 James Ziegenfuss v. Anthony Mackey, et al. Arizona 2020-09-16 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been diagnosed with a severe …
20-5608 Michael Jonathon Besoyan v. Jimmy Yee, et al. Ninth Circuit 2020-09-08 Denied IFP 8th-amendment civil-rights due-process equal-protection judicial-access jury-trial pro-se-litigant void-orders Whether any court or tribunal should be allowed to deny or deprive any citizen of basic rights listed in the Bill of Rights and the 14th Amendment
20-281 Waseem Daker v. Clinton Perry, Jr., Warden Eleventh Circuit 2020-09-03 Denied 8th-amendment circuit-split conditions-of-confinement due-process eighth-amendment habeas-corpus prisoner-rights solitary-confinement Whether a prisoner may file a habeas corpus petition to challenge his placement on segregated/solitary confinement
20-5531 Cynthia Holmes v. James Y. Becker, et al. Fourth Circuit 2020-08-27 Denied Relisted (2)IFP 14th-amendment 7th-amendment 8th-amendment civil-rights constitutional-challenge due-process eighth-amendment fifth-amendment first-amendment fourteenth-amendment free-speech seventh-amendment Whether the revised South Carolina Frivolous Proceedings Act (FPA), S.C. Code § 15-36-10, is unconstitutional
20-5521 Wilbert Williams, aka Serenity Izabel Williams v. Beverly Kelly, Assistant Warden, et al. Fifth Circuit 2020-08-26 Denied IFP 8th-amendment civil-rights conflict-of-interest due-process eighth-amendment fourteenth-amendment gender-dysphoria medical-treatment prisoners-rights transgender transgender-rights Whether gender dysphoria is a serious medical condition and whether there is a conflict between the 5th Circuit and other U.S. Courts of Appeals
20-200 Morgan McCoy v. Michael Bullock, et al. Ohio 2020-08-20 Denied 8th-amendment civil-procedure dismissal due-process evidence landlord-tenant-law prima-facie prima-facie-case racial-discrimination selective-enforcement standing Does pretrial court dismissing prima facie case before its evidence filing deadline constitute R.103(D) plain error in constitutional violation of due…
20-5168 James Wilson v. North Carolina North Carolina 2020-07-24 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process execution-methods lethal-injection Whether the petitioner's manner of execution is unconstitutionally cruel and unusual punishment
20-5142 Glen Jones Ward v. Corizon Ninth Circuit 2020-07-22 Denied IFP 8th-amendment accommodations accommodative-diet amendment-violations civil-rights constitutional-rights due-process food-allergies food-intolerance free-speech medical-accommodation prisoner-treatment Whether the refusal to provide an accommodative diet or authorize food issues that address Ward's documented food allergies/intolerances violates his …
20-5143 Glen Jones Ward v. Idaho, et al. Ninth Circuit 2020-07-22 Denied IFP 1st-amendment 8th-amendment civil-liberties civil-rights constitutional-violation correctional-facility due-process equal-protection inmate-rights personal-safety retaliation staff-misconduct Whether the petitioner's constitutional rights were violated by the prison authorities' failure to protect the petitioner's safety and security
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 Whether a prison official is entitled to qualified immunity for an unprovoked assault on a prisoner even when not every Hudson factor favors the plain…
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?
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 Whether the U.S. Supreme Court should review the discretion of the U.S. District Court and the U.S. Court of Appeals in dismissing the petitioner's cl…
19-8883 Nathan E. Gundy v. United States Eleventh Circuit 2020-07-02 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights Whether the 8th Amendment of the United States Constitution bars are guaranteed to a fair trial in all criminal prosecutions or just when a judge deem…
19-1438 George Abernathy v. United States Sixth Circuit 2020-06-30 Denied Response Waived 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings Whether the Court has abandoned the principle that 'one constitutional right should not have to be surrendered in order to assert another'
19-1361 Richard Jordan, et al. v. Georgia Department of Corrections Eleventh Circuit 2020-06-11 Denied 8th-amendment alternative-method availability capital-punishment death-penalty department-of-corrections departments-of-corrections execution-method feasibility Glossip-v-Gross legal-precedent Whether evidence of how other departments of corrections have obtained and successfully administered an alternative execution method is relevant to sh…
19-8666 Louis Mayes v. Jonathan Lebo, Warden Sixth Circuit 2020-06-10 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process equal-protection life-without-parole sentencing whether the kite SeotenceKa the S5tite_ of Teanessee Ate uly ty IWS LS equivaleat +o -+he mandatory Like without Parole SeotenceWa the Q012d° miler vA…
19-8447 Jeanette D. Davis v. Renee Thomas, et al. Sixth Circuit 2020-05-12 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference due-process equal-protection excessive-force grievance-interference grievance-process Were us cha 1.Defendant Officer Renee Thomas inflicted crule an unusal punishment
19-8432 Donald Randolph LaFlamme v. California California 2020-05-11 Denied IFP 14th-amendment 4th-amendment 8th-amendment civil-rights disparate-impact due-process employment-discrimination equal-protection fifth-amendment prison-conditions title-vii workplace-practices Whether the 4th and 8th Amendment protections, as incorporated by the 14th Amendment, were violated by the conditions of confinement in California sta…
19-8406 Jihad Shahaddah v. Deputy Gotcher, et al. Fourth Circuit 2020-05-06 Denied Response WaivedIFP 8th-amendment administrative-law assault civil-rights constitutional-law due-process excessive-force judicial-review notice statutory-interpretation Whether the defendant had notice of the plaintiffs' assault, and whether the lack of such notice is sufficient to show that the plaintiffs' Eighth Ame…
19-8357 Jeffery J. Lout v. Montana Montana 2020-04-27 Denied Relisted (2)IFP 8th-amendment civil-rights constitutional-claims death-penalty due-process ex-post-facto intellectual-disability mental-illness procedural-challenges psychological-evaluation sentencing Whether the Montana Supreme Court violated the Eighth Amendment's prohibition on cruel and unusual punishment by failing to address Louis's claims of …
19-8348 Roland I. Kehano, Sr. v. Scott Harrington, Warden, et al. Ninth Circuit 2020-04-23 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights deliberate-indifference due-process medical-care prisoner-rights Whether the Eighth Amendment's prohibition on cruel and unusual punishment and the Fourteenth Amendment's guarantee of due process prohibit prison off…
19-8320 Quintez Talley v. Pennsylvania Department of Corrections, et al. Third Circuit 2020-04-21 Denied IFP 8th-amendment civil-rights due-process eighth-amendment excessive-fines federal-claims pleading-standards prisoner-rights pro-se-plaintiff state-law-claims supplemental-jurisdiction Whether the party seeking to raise the possessory evidence privilege has an absolute evidentiary privilege
19-8086 Randy Dale Jackson v. Tommy Taylor, Interim Commissioner, Mississippi Department of Corrections Fifth Circuit 2020-03-24 Denied IFP 14th-amendment 8th-amendment access-to-courts appellate-sanctions civil-rights constitutional-rights conviction-challenges criminal-conviction due-process first-amendment fourteenth-amendment Whether Petitioner's First, Fifth, Sixth, Eighth and Fourteenth Amendment rights are violated by the imposition of monetary sanctions and threat restr…
19-1167 Bradley William Kennedy v. Stephen Morris, Warden, et al. Ninth Circuit 2020-03-24 Denied 14th-amendment 8th-amendment AEDPA anti-terrorism-and-effective-death-penalty-act anti-terrorism-and-effective-death-penalty-act-of- cruel-and-unusual-punishment cumulative-trial-errors due-process habeas-corpus insufficient-evidence statute-of-limitations trial-errors Whether Bradley Kennedy's petition for a writ of habeas corpus is time barred under the one-year statute of limitations set forth in the anti-terroris…
19-8057 Aaron Moran Brown v. Indiana Indiana 2020-03-23 Denied Response WaivedIFP 8th-amendment de-facto-life-sentence eighth-amendment juvenile-sentencing miller-rule miller-v-alabama montgomery-precedent montgomery-v-louisiana parole parole-system Does the substantive rule of Miller v. Alabama apply to de facto life sentences for juveniles?
19-8058 Maurice Brack, aka Maurice Barrack, aka Maurice Black, aka Maurice L. Brack, aka Socca Bopum, aka Socka Bopa v. New Jersey New Jersey 2020-03-23 Denied IFP 8th-amendment adolescent-development constitutional-retroactivity criminal-procedure due-process eighth-amendment family-court juvenile-justice juvenile-waiver retroactivity Whether New Jersey's revised juvenile waiver statute (N.J.S.A. 2A:4A-26.1(c)) which prohibits the Family Court from waiving its jurisdiction over any …
19-7860 Robert Rowles v. GEO Group, Inc., et al. Eleventh Circuit 2020-03-04 Denied IFP 8th-amendment circuit-court civil-rights cost-cutting deliberate-indifference due-process eighth-amendment inmate inmate-rights judicial-discretion medical-treatment prison standing Did the Eleventh Circuit Court of Appeal abuse its discretion in denying relief on the lack of medical diagnosis and treatment
19-7876 Aaron Richardson v. United States Fourth Circuit 2020-03-04 Denied Response WaivedIFP 8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines Did an unconstitutional 'objective risk of bias' or 'probability of actual bias on the part of the judge' manifest itself during the sentencing hearin…
19-7749 Andrey L. Bridges v. David W. Gray, Warden Sixth Circuit 2020-02-24 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment actual-innocence constitutional-amendments due-process equal-protection factual-innocence habeas-corpus habeas-review res-judicata strickland-v-washington Does the State affirmative defense of Res Judicata defeats Amendment Fifth; Sixth; Eighth, and Fourteenth of the United States Constitution?
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 U.S. Court of Appeals committed a reversible error in dismissing Mr. Sherrod's pro se claims
19-7632 Joshua Allen Bolen v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety Fourth Circuit 2020-02-11 Denied IFP 2nd-amendment 5th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-interpretation sentencing standing statute-of-limitations takings Whether the petitioner's conviction was unconstitutional under the Second Amendment of the U.S. Constitution
19-7622 Samuel Elliott v. United States Tenth Circuit 2020-02-10 Denied Response WaivedIFP 8th-amendment appellate-review child-pornography criminal-procedure criminal-sentencing due-process federal-guidelines sentencing sentencing-guidelines substantive-reasonableness substantive-unreasonableness Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering child pornography offenses, U.S.S.G. §§ 2G2.1 and 2G2.2, is su…
19-7594 Felix Lopez-Cabrera v. United States Second Circuit 2020-02-07 Denied Response WaivedIFP 8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life…
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 When an inmate notifies medical of his prior head injury/medical history & asks them to retrieve his medical records, is that adequate to his medical …
19-7574 Luis Beltran v. United States Second Circuit 2020-02-05 Denied Response WaivedIFP 8th-amendment brain-development due-process due-process-clause eighth-amendment juvenile-defendants juvenile-sentencing mandatory-life-imprisonment proportionality proportionality-principle sentencing Does the Fifth Amendment's Due Process Clause provide defendants who were between 18 and 22 an opportunity to demonstrate they are similarly situated,…
19-7541 Richard Hurles v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-04 Denied IFP 14th-amendment 8th-amendment capital-punishment death-penalty due-process eighth-amendment fourteenth-amendment judicial-bias judicial-ethics recusal right-to-fair-trial Are the Eighth and Fourteenth Amendments violated where a judge who has personally litigated against a defendant in the same case presides over his tr…
19-7532 Travis Welsh v. Florida Florida 2020-02-03 Denied IFP 14th-amendment 3.850-motion 8th-amendment capital-sexual-battery civil-procedure due-process habeas-corpus law-of-the-case motion-filing petition standing void-for-vagueness Did the court's refusal to accept the timely 3.850 motion filing because it did not identify the circuit court in the certification of service violate…
19-7449 Jack Robert Smith v. Harry Oreol Ninth Circuit 2020-01-29 Denied Response WaivedIFP 8th-amendment civil-rights civil-rights-mental-health-commitment-due-process- constitutional-challenge due-process equal-protection involuntary-commitment involuntary-hospitalization mental-health mental-health-commitment patient-rights supreme-court-review Whether the involuntary civil commitment of a non-dangerous individual violates due process and the Eighth Amendment
19-7464 Derrick Dewayne Davis v. Raymond Laborde Correctional Center, et al. Fifth Circuit 2020-01-28 Denied IFP 8th-amendment civil-procedure civil-rights compensation constitutional-rights correctional-facility deliberate-indifference due-process medical-neglect medical-treatment standing writ-of-habeas-corpus Whether the 5th Circuit and the United States District Court violated plaintiff's constitutional rights by denying plaintiff's writ without reviewing …
19-7214 Gregory Brown v. Ellen Mace-Liebson, et al. Third Circuit 2020-01-08 Denied Response WaivedIFP 8th-amendment bivens bivens-action civil-rights deliberate-indifference due-process eighth-amendment intra-circuit-conflict medical-care medical-treatment pro-se summary-judgment Whether the sitting panel for the Third Circuit Court of Appeals erred in affirming the district court's entry of summary judgment on petitioner's pro…
19-7140 Antonio Medrano Ortiz v. George T. Solomon, et al. Fourth Circuit 2020-01-03 Denied Response WaivedIFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-provisions cruel-and-unusual-punishment due-process excessive-force judicial-review medical-care medical-rule standing statute-of-limitations statutory-limitations Where the District Court erred by dismissing my original complaint as time-barred by statutes of limitations
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 Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated by the defendants' alleged deliberate indifference to the plai…
19-6922 Charles Edward Bates v. United States Sixth Circuit 2019-12-13 Denied IFP 8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing Whether the lower courts erred in their interpretation of the Eighth Amendment prohibition on excessive fines and punishments as the forfeiture amount…
19-6893 Michael Wayne Nelson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-10 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process patent prison-conditions retaliation standing takings Whether the petitioner's constitutional rights were violated by the state's actions
19-6812 Steven Kurt Baughman v. Michael Seale, et al. Fifth Circuit 2019-12-03 Denied Response WaivedIFP 8th-amendment brain-damage burden-of-proof civil-rights constitutional-claims deliberate-indifference due-process hyperglycemia insulin medical-treatment prisoner-rights retaliation serious-medical-needs Whether injecting a prisoner with insulin without knowing his immediate blood sugar level constitutes deliberate indifference to serious medical needs
19-6777 Iris Lamar Anderson v. Florida Florida 2019-11-27 Denied Response WaivedIFP 1st-amendment 8th-amendment appellate-review civil-rights constitutional-interpretation cruel-and-unusual-punishment due-process equal-protection habeas-corpus post-conviction-relief prisoner-rights standing state-court-procedure Was Jae Trois SuPR EMME Loves \\WPLEMENTED Penenites Tor Fiowak's Supiual Sygrem THAT LowTRADICTS He U.S. ConsTtTuT/ONS 1% LE ann \\N™ AMENDMENT RENTS…
19-6719 Mauro Castaneda Palacio v. United States Fifth Circuit 2019-11-22 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness Whether the U.S. 4th Circuit Court of Appeals erred in upholding the constitutionality of 18 U.S.C. § 3583(k) as applied to the petitioner
19-641 Colorado Department of Labor and Employment, Division of Workers' Compensation v. Dami Hospitality, LLC Colorado 2019-11-18 Denied 8th-amendment ability-to-pay civil-procedure constitutional-interpretation corporate-liability corporations due-process eighth-amendment excessive-fines regulatory-enforcement state-law takings workers-compensation Whether the Eighth Amendment's Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it require…
19-6545 Bradly M. Cunningham v. Washington County, Oregon, et al. Ninth Circuit 2019-11-07 Dismissed IFP 14th-amendment 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus illegal-sentence parole-board section-1983 sentencing torture Issues being raised
19-6449 Antwoine Marquise Bealer v. Kern Valley State Prison Ninth Circuit 2019-10-31 Denied IFP 8th-amendment administrative-decision administrative-law civil-procedure civil-rights constitutional-violations due-process in-forma-pauperis judicial-screening PLRA prison prisoner-rights standing Does the PLRA require the court to look beyond a prima facie showing when screening prisoner in forma pauperis complaints?
19-6416 Jurijus Kadamovas v. John F. Caraway, Warden, et al. Seventh Circuit 2019-10-28 Denied Response WaivedIFP 8th-amendment administrative-discretion administrative-law bureau-of-prisons civil-rights cruel-and-unusual-punishment due-process medical-care medical-conditions prison-conditions prisoner-rights standing torture-prevention Whether the Federal Bureau of Prisons can torture an inmate diagnosed with asthma by exposing them to oleoresin capsicum spray, toxic smoke, and tear …
19-6329 Jackie Lee Boyd v. Carol Monroe, et al. Fifth Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-treatment deliberate-indifference due-process eighth-amendment incarceration medical-care prison-conditions Is a constitutional right to be free of the wanton infliction of sei pain rendered void upon incarceration?
19-6254 Christopher T. Shanahan v. Idaho Idaho 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-sentencing life-sentence mitigating-factors parole parole-eligibility Does a juvenile life sentence with parole eligibility after a lengthy term violate the Eighth Amendment?
19-6260 Craig Cross v. Florida Florida 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment due-process juvenile-sentencing precedent retroactivity state-supreme-court supreme-court-precedent Did the Florida Supreme Court violate Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana when deciding Franklin v. State and State v. M…
19-6092 Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2019-10-01 Denied IFP 14th-amendment 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana petition-timeliness retroactivity timeliness Whether the lower courts erred in dismissing the Petitioner's petition as untimely and in finding that the newly recognized constitutional right set f…
19-6057 Shane Austin Peters v. Eric Arnold, Warden Ninth Circuit 2019-09-25 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights costs court-access due-process in-forma-pauperis indigent-status juvenile-justice legal-proceeding parole poverty poverty-affidavit redress security sentencing Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the imposition of life sentences on juvenile offenders convicted …
19-6006 Nicholas Wilkerson v. Alabama Alabama 2019-09-19 Denied Response RequestedRelisted (2)IFP 8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing Does the Eighth Amendment require a factual finding to determine to which class a given juvenile belongs?
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
19-5944 Jerry D. Scott v. United States Eighth Circuit 2019-09-16 Denied Response WaivedIFP 8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime Whether the Eighth Circuit Court of Appeals erred in not granting a certificate of appealability
19-5925 Kavin Maurice Rhodes v. Peter C. Swarth, et al. Ninth Circuit 2019-09-13 Denied Relisted (2)IFP 14th-amendment 8th-amendment assets civil-procedure civil-rights court-fees due-process excessive-fines financial-disclosure financial-hardship in-forma-pauperis incorporation indigent-status liabilities poverty pro-se-petition standing Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
19-5932 Chavez Myers v. United States District of Columbia 2019-09-13 Denied Response WaivedIFP 8th-amendment civil-rights comprehensive-youth-justice-amendment-act criminal-procedure due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama montgomery-v-louisiana standing youth-reform-act Whether the District of Columbia Court of Appeals erred in denying Chavez Myers' § 23-110 motion
19-264 Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White Oregon 2019-08-29 Dismissed Response RequestedRelisted (4) 8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences Does the Eighth Amendment, under Miller v. Alabama, require invalidation of respondent's sentence?
19-265 Brandon Kelly, Superintendent, Oregon State Penitentiary v. Laycelle Tornee White Oregon 2019-08-29 Dismissed Response RequestedRelisted (4) 8th-amendment constitutional-law criminal-procedure criminal-sentencing eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences sentencing Does the Eighth Amendment, under Miller v. Alabama, require invalidation of respondent's sentence?
19-5739 Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2019-08-29 Denied Response WaivedIFP 14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine Does the 'separate sovereigns' doctrine permit multiple punishments that are exempted from the constitutional prohibitions against cruel and unusual p…
19-5752 Jimmie Kyle Anderson v. Texas Texas 2019-08-29 Denied IFP 8th-amendment apprendi-rule cruel-and-unusual-punishment disproportionate-sentences eighth-amendment public-safety sentencing sex-offender-law sex-offenders Does the public safety interest in incapacitating and deterring certain types of sex offenders with extremely long sentences run afoul of the 8th Amen…
19-247 City of Boise, Idaho v. Robert Martin, et al. Ninth Circuit 2019-08-26 Denied Amici (20)Relisted (2) 8th-amendment civil-rights constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness local-government-powers local-government-regulation public-camping public-health-and-safety Does the enforcement of generally applicable laws regulating public camping and sleeping constitute 'cruel and unusual punishment' prohibited by the E…
19-5702 Tony D. Walker v. Green Bay Correctional Institution Health Services Unit, et al. Seventh Circuit 2019-08-23 Denied Response WaivedIFP 8th-amendment access-to-courts civil-procedure civil-rights constitutional-law due-process exhaustion-of-remedies frivolous-claims prison-conditions prisoners-rights procedural-hurdles standing statutory-interpretation Whether 28 U.S.C. § 1915(a) is unconstitutional, when courts have denied prisoners past relief for their grievances merely because the prisoners have …
19-5622 Cairo Lopez, Jr. v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP 8th-amendment booker cruel-and-unusual-punishment due-process executive-power mandatory-minimum mandatory-minimum-sentences sentencing separation-of-powers standing Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fif…
19-195 Robert Ryan Snyder v. California California 2019-08-14 Denied 8th-amendment civil-rights cruel-and-unusual-punishment deprivation-of-necessities due-process eighth-amendment fourteenth-amendment judicial-deference lockdown lockdown-procedures prison-conditions retaliation Has California's justice system forgotten what was taught by this Court's holding in Wilson v. Seiter
19-5558 Frank Stephon Johnson v. Correct Care Solutions, et al. Fourth Circuit 2019-08-12 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment Whether the defendants' deliberate indifference to the petitioner's serious medical needs violated the Eighth Amendment
19-5560 Cecil McDonald Davis v. United States, et al. Fifth Circuit 2019-08-12 Denied Response WaivedIFP 8th-amendment bivens bivens-action bivens-claim certificate-of-appealability civil-procedure civil-rights deliberate-indifference due-process eighth-amendment medical-claim Whether the District Court in denying the Petitioner's medical claim under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 38…
19-5561 Stephen Michael West v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. Sixth Circuit 2019-08-12 Denied IFP 8th-amendment bucklew-standard bucklew-v-precythe civil-procedure civil-rights due-process eighth-amendment lethal-injection method-of-execution res-judicata section-1983 standing When an inmate's § 1983 challenge to a state's method of execution meets the timeliness and pleading requirements of this Court's decision in Bucklew,…
19-5540 Thomas Edward Wright v. United States Fourth Circuit 2019-08-09 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights constitutional-claims due-process eighth-amendment judicial-discretion sentencing sentencing-guidelines special-assessment standing statutory-interpretation Did the Fourth Circuit err in dismissing petitioner's constitutional, statutory, and other legal claims?
19-5551 Jeffrey R. MacDonald v. United States Fourth Circuit 2019-08-09 Denied Response WaivedIFP 5th-amendment 8th-amendment actual-innocence constitutional-violation due-process federal-law federal-procedure habeas-corpus liberty-interest Is actual innocence a freestanding ground for relief under 28 U.S.C. § 2255?
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 restraints?
19-5508 Carlin U. Powell v. Medical Department Cuyahoga County Correctional Center, et al. Sixth Circuit 2019-08-08 Denied Response WaivedIFP 14th-amendment 8th-amendment ableism ambleism cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference eighth-amendment fourteenth-amendment interstate-agreement-on-detainers medical-neglect Did the Medical Department of Cuyahoga County Correctional Center et al. violate Carlin U. Powell's 8th and 14th Amendment rights by acting with delib…
19-5493 David Ray Taylor v. Oregon Oregon 2019-08-07 Denied IFP 8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire Whether a trial court may impose a death sentence during a statewide moratorium on executions
19-5419 Raleigh D. Wiggins v. Eddie Pearson, Warden Fourth Circuit 2019-07-31 Denied Response WaivedIFP 8th-amendment administrative-law civil-procedure civil-rights due-process medical-care prison standing takings Whether the Department of Corrections violated the petitioner's constitutional rights by failing to provide appropriate medical care and treatment
19-5302 Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-07-26 Denied Relisted (2)IFP 14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing Whether the State of Florida can impose a life sentence on an individual despite a jury's recommendation of a lesser sentence
19-5207 Admassu Regassa v. Emily Cimino, et al. Seventh Circuit 2019-07-19 Denied Response WaivedIFP 14th-amendment 1st-amendment 5th-amendment 8th-amendment bivens bivens-action civil-rights constitutional-rights due-process ftca ftca-claim judicial-review prison-conditions pro-se-prisoner Whether the district court erroneously dismissed the petitioner's Second Amended Complaint and the Seventh Circuit improperly affirmed the dismissal
19-5060 Derrick Washington v. Carol A. Mici, Commissioner, Massachusetts Department of Correction First Circuit 2019-07-03 Denied Response WaivedIFP 14th-amendment 8th-amendment anti-terrorism anti-terrorism-act anti-terrorism-effective-death-penalty-act constitutional-review cruel-and-unusual-punishment death-penalty due-process habeas-corpus incarceration life-without-parole sentencing Is Congress' 1996 Anti-Terrorism Effective Death Penalty Act (AEDPA) unconstitutional, as it unnecessarily snuffs out convicted persons' abilities to …
18-1585 Kassim M. Nagi v. Louisiana Louisiana 2019-06-27 GVR Response RequestedResponse WaivedRelisted (3) 8th-amendment controlled-substances cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender lockyer-v-andrade money-laundering proportionality proportionality-test racketeering sentencing solem-v-helm Whether a 90-year consecutive sentence for a 33-year-old first-time offender violates the Eighth Amendment's prohibition on cruel and unusual punishme…
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 Whether the Ninth Circuit misapplied the clearly established test's generality principles by analyzing the issue too specifically, whether the Ninth C…
18-1572 Matthew D. Priset v. Pennsylvania Third Circuit 2019-06-25 Denied Response RequestedResponse WaivedRelisted (2) 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment life-sentence mandatory-minimum mandatory-minimum-sentence mental-illness sentencing Does a mandatory minimum life sentence for one convicted under the guilty-but-mentally-ill designation constitute cruel and unusual punishment?
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 Is a Defendant entitled to qualified immunity when a Petitioner cites the 'squarely governing' case through a quote of a case with similar facts?
18-9647 George Edward Tustin, Jr. v. Brad Livingston, et al. Fifth Circuit 2019-06-13 Denied IFP 8th-amendment civil-rights constitutional-rights deliberate-indifference due-process judicial-review medical-treatment prison prison-conditions Whether the district court erred in determining that the delay in treatment was not caused by deliberate indifference
18-9614 Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-12 Denied IFP 8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded …
18-1523 Michael Gannon v. City of Eugene, Oregon Oregon 2019-06-07 Denied Response Waived 1st-amendment 5th-amendment 8th-amendment constitutional-rights due-process eighth-amendment first-amendment free-speech liberty-interest proportionality public-forum public-university Do the First Amendment's protections to public streets as the archetype of a traditional public forum extend to city and state public streets and publ…
18-9586 Jovan Watkins v. Robert Green, Secretary, Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-06-07 Denied IFP 8th-amendment civil-procedure civil-rights due-process eighth-amendment medical-care medical-need policy-procedures prison-conditions standing Did the court of appeals err in not reviewing the lower court's decision by finding that the petitioner lacked standing to appeal
18-9558 Oladimeji Ayelotan v. United States Fifth Circuit 2019-06-05 Denied Response WaivedIFP 8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling Whether the United States Court of Appeals for the Fifth Circuit erred
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 Deliberate-indifference-to-medical-needs
18-9492 Valentin Spataru v. Rick Ramsay Florida 2019-05-31 Denied IFP 8th-amendment battery civil-liberties civil-rights constitutional-rights cruel-and-unusual-punishment detention due-process eighth-amendment intentional-infliction-of-emotional-distress law-enforcement-detention Whether ~30' transportation to jail in a law-enforcement hyperthermic, 'cooking' car is cruel and unusual punishment
18-9388 In Re Ramsey Randall 2019-05-23 Denied Relisted (2)IFP 14th-amendment 4th-amendment 8th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-provisions criminal-procedure due-process federal-remedy free-speech habeas-corpus judicial-review standing statutory-provisions Whether the federal abstention doctrine restricts federal courts from providing relief to state criminal defendants who seek to challenge their convic…
18-9396 Bobby Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-23 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment death-penalty due-process eighth-amendment lethal-injection res-judicata section-1983 stay Whether the Eleventh Circuit Court of Appeals erred in holding that Mr. Long was not entitled to a stay because of inexcusable delay in bringing his l…
18-9387 Mary Elizabeth Schipke v. Connecticut, et al. Second Circuit 2019-05-22 Denied Response WaivedIFP 8th-amendment americans-with-disabilities-act civil-gideon civil-rights constitutional-rights disability due-process equal-protection extension-of-time homelessness inheritance inheritance-rights speedy-trial Whether the 2nd Circuit Court erred in refusing Petitioner's motion for assistance of counsel and an extension of time under the Americans with Disabi…
18-9349 Robert Lee McConnell v. William Gittere, Warden, et al. Nevada 2019-05-20 Denied IFP 8th-amendment aggravating-circumstances capital-sentencing constitutional-requirement due-process jury-finding mitigating-circumstances reasonable-doubt Whether the Constitution requires—in a state in which a jury is required to find that mitigating circumstances do not outweigh the aggravating circums…
18-9286 Prentis Rupert v. Keith Bowers, et al. Eighth Circuit 2019-05-16 Denied IFP 8th-amendment civil-rights class-action deliberate-indifference due-process hepatitis-c medical-care prison-conditions settlement-agreement standing summary-judgment Whether the petitioner's claims of deliberate indifference to serious medical needs should proceed without summary judgment
18-9270 Manuel Antonio Rodriguez v. Florida Florida 2019-05-15 Denied IFP 14th-amendment 8th-amendment capital-murder capital-murder-elements-as-sentencing-factors due-process eighth-amendment florida-supreme-court foster-v-state fourteenth-amendment precedent sentencing-factors Whether the Florida Supreme Court's rationale in Foster v. State mirrors the overruled rationale of Hildwin v. Florida and reveals that Florida contin…
18-9250 Tatyana Evgenievna Drevaleva v. Alameda Health System, et al. Ninth Circuit 2019-05-14 Denied Response WaivedIFP 13th-amendment 8th-amendment civil-rights constitutional-rights due-process eighth-amendment employment employment-retaliation involuntary-servitude retaliation thirteenth-amendment Shall the Court of Appeals expedite an Appeal in an employment retaliation case
18-9225 Michael Otho Raihala v. Michigan Michigan 2019-05-10 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-detention due-process pre-accusation-detention probable-cause state-agent-liability Whether it is constitutional for state and local agents to detain a citizen indefinitely without probable cause or process as a pre-accusation detaine…
18-9126 Alan L. Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure-standing-due-process-medical-trea 8th-amendment administrative-law civil-rights constitutional-rights due-process evidence-rules medical-records medical-treatment prison-conditions security-concerns standing Whether the denial of the petitioner's request for medical treatment violates his constitutional rights
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?
18-9144 Delbert Heard v. John R. Baldwin, Director, Illinois Department of Corrections, et al. Seventh Circuit 2019-05-06 Denied IFP 8th-amendment civil-rights constitutional-protection cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect inmate-safety prisoner-rights standing substantial-risk Whether the risk of inmate-on-inmate assault became sufficiently substantial to trigger 8th Amendment protections under Farmer v. Brennan, 511 U.S. 82…
18-8870 Douglas Taylor v. Terrizina Jones Fifth Circuit 2019-04-17 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-procedure civil-rights due-process standing Whether Douglas Taylor's constitutional rights under the Eighth and Fourteenth Amendments were violated by the deliberate act of Respondent, officer T…
18-8731 Carlos Noguera v. Greg Smith, Warden, et al. Ninth Circuit 2019-04-11 Denied IFP 8th-amendment civil-procedure civil-rights due-process equal-protection excessive-force medical-care prison-conditions standing takings Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated when the petitioner was subjected to excessive force and denie…
18-8740 Michael Manley v. Delaware Delaware 2019-04-09 Denied Response WaivedIFP 8th-amendment appellate-review due-process eighth-amendment fourteenth-amendment judicial-creation judicial-overreach life-without-parole mandatory-sentence Did the Delaware courts violate Mr. Maniey's due process and Eighth Amendment rights by judicially creating a mandatory life without parole sentence?
18-8761 Arthur Jones v. California California 2019-04-09 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the A…
18-8723 Miles Sterling Bench v. Oklahoma Oklahoma 2019-04-08 Denied IFP 8th-amendment affidavit civil-rights competency costs criminal-appeals death-penalty declaration due-process filing-fees in-forma-pauperis indigent indigent-status mental-illness oklahoma-law supreme-court-procedure writ-of-certiorari Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a person with severe mental illness
18-8691 Eugene C. Boisvert v. United States Second Circuit 2019-04-05 Denied Response WaivedIFP 13th-amendment 5th-amendment 6th-amendment 8th-amendment civil-rights counsel-ineffective due-process government-misconduct Whether the petitioner's 5th, 6th, 8th, and 13th Amendment constitutional rights were violated by the United States government and the petitioner's co…
18-8704 Brandon Keith Alexander v. Texas Texas 2019-04-04 Denied IFP 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing non-homicide-offense non-homicide-offenses parole parole-eligibility sentencing Whether sentencing a juvenile non-homicide offender to 60 years without the possibility of parole violates the 8th Amendment, prohibition against crue…
18-8653 Tavares J. Wright v. Florida Florida 2019-04-01 Denied IFP 14th-amendment 8th-amendment adaptive-functioning atkins-v-virginia civil-rights constitutional-rights death-penalty due-process eighth-amendment hall-v-florida intellectual-disability moore-v-texas Does the Florida Supreme Court's adaptive functioning analysis of intellectually disabled individuals violate the Fifth, Eighth, and Fourteenth Amendm…
18-8607 Johnnie Sterling v. Chuck Dwyer Eighth Circuit 2019-03-28 Denied IFP 14th-amendment 5th-amendment 8th-amendment actual-innocence antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability constitutional-rights due-process ineffective-assistance manifest-injustice mixed-questions-of-law-and-fact procedural-due-process Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability?
18-8550 Ernest M. Flowers v. Laura Uriarte, et al. Florida 2019-03-25 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure Whether the petitioner was lawfully retained in the Florida Department of Corrections
18-8521 Angel Galan v. United States Second Circuit 2019-03-22 Denied Response WaivedIFP 8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance Whether the sentencing court's upward variance from 71 months to 84 months for felon in possession of a firearm was substantively unreasonable
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 Denial of qualified immunity to correctional officers for alleged deliberate indifference to prisoners' medical needs
18-8310 Azhar Lal v. B. G. Flores, et al. Ninth Circuit 2019-03-06 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment damages deliberate-indifference due-process medical-treatment prisoner-rights standing Whether the prison doctor's deliberate failure to provide insulin treatment for a diabetic inmate's serious medical need amounts to cruel and unusual …
18-1146 Johanna Ong, et al. v. Hudson County Superior Court, et al. Third Circuit 2019-03-05 Denied Response Waived 8th-amendment bodily-harm civil-procedure civil-rights constitutional-violations damages due-process eighth-amendment sovereign-immunity standing statute-of-limitations Did the lower courts repeatedly violate the Petitioners' Constitutional protections, including Fifth/Fourteenth Amendment Due Process Rights and Eight…
18-8250 Joel Marvin Munt v. Minnesota Department of Corrections, et al. Eighth Circuit 2019-03-04 Dismissed Response WaivedIFP 8th-amendment 8th-circuit appellate-review civil-procedure civil-rights due-process encourage-prisons-to-utilize-transfers-to-moot-sui judicial-discretion mootness mootness-doctrine prisoner-rights rluipa rluipa-standard standing Did the 8th Circuit incorrectly apply the mootness standard and encourage prisons to utilize transfers to moot suits?
18-8209 Raymond Alford Bradford v. M. Marchak, et al. Ninth Circuit 2019-03-01 Denied Response WaivedIFP 8th-amendment appellate-review circuit-court civil-rights due-process healthcare judicial-precedent legal-interpretation mental-health ninth-circuit prisoner-rights prisoners-rights statutory-interpretation Whether state prisoners have a statutory right to refuse long-term treatment with psychotropic drugs absent a judicial determination of incompetence
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 Whether the petitioner's constitutional rights were violated by the respondent's actions
18-8116 Budry Michel v. Florida Florida 2019-02-26 Denied Response WaivedIFP 8th-amendment due-process eighth-amendment eighth-amendment,federal-habeas,state-court,merits federal-courts federal-habeas federal-review habeas habeas-corpus juvenile-sentencing merits parole-eligibility plain-language standing state-court state-court-interpretation state-courts Whether a state court can treat a federal habeas decision of this Court as a ruling on the merits contrary to the plain language of the decision?
18-8020 Benjamin Besteder, Jr. v. Sean Bowerman, Warden Sixth Circuit 2019-02-20 Denied IFP 6th-amendment 8th-amendment access-to-evidence appeal civil-rights due-process excessive-punishment ineffective-assistance-of-counsel right-to-counsel Whether the petitioner's constitutional rights were violated when the trial court dismissed his motion for a new trial based on the denial of his righ…
18-7912 Eriese Alphonso Tisdale v. Florida Florida 2019-02-12 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-law constitutional-rights death-penalty double-jeopardy due-process jury jury-vote statutory-amendment statutory-interpretation Whether the Florida Supreme Court's failure to apply a statutory amendment violates due process and double jeopardy
18-7490 Dan Reed v. United States Eleventh Circuit 2019-01-24 GVR Relisted (2)IFP 8th-amendment criminal-law due-process felon-in-possession mens-rea rehaif-v-united-states sentencing statutory-interpretation Whether the 'knowingly' provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime?
18-7467 Phillip E. LaPointe v. Illinois Illinois 2019-01-17 Denied Response WaivedIFP 8th-amendment atkins-precedent atkins-v-virginia brain-development criminal-punishment cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-without-parole sentencing Does this Court's 8th Amendment protections extend to a just turned eighteen year old who received life without parole, where the evidence shows he wa…
18-7417 Omari Robinson v. Illinois Illinois 2019-01-16 Denied Response WaivedIFP 2nd-amendment 8th-amendment constitutional-challenge criminal-law criminal-sentencing due-process illinois illinois-law mandatory-minimum sentencing statutory-vagueness vagueness weapon-enhancement Is the mandatory 25-year-to-life weapon enhancement imposed by Illinois courts unconstitutionally vague?
18-7458 Samuel Lewis Taylor v. Michael Miller, et al. Eighth Circuit 2019-01-16 Denied IFP 8th-amendment access-to-court access-to-courts cell-search civil-rights discovery due-process prison-conditions property-rights retaliation Whether or not petitioner's civil rights discovery material confiscated from petitioner's cell during cell search and disposed of denied access to the…
18-7391 Gadiel Romero v. United States First Circuit 2019-01-14 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines Is it proper to apply a 6-level increase for a ransom demand in a kidnapping offense when not communicated?
18-7365 Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary Oregon 2019-01-10 Denied Response WaivedIFP 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment?
18-7279 Christian Thomas v. District Attorney of Lancaster County, Pennsylvania Third Circuit 2019-01-08 Denied IFP 8th-amendment civil-rights collateral-review constitutional-review due-process eighth-amendment federal-question graham grant juvenile-sentencing mental-capacity miller sixth-amendment teague Whether a federal question is raised by a claim that a state collateral review erroneously failed to find a Teague, Graham, and Grant case and Miller …
18-7226 Omar Blanco v. Florida Florida 2019-01-03 Denied IFP 14th-amendment 8th-amendment capital-punishment civil-rights death-penalty due-process retroactivity supremacy-clause Did Hall v. Florida announce a substantive rule of constitutional law?
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 Whether supervisors can be liable for constitutional violations of subordinates even without direct personal involvement
18-7216 Jason Duhamel v. Michelle Miller, Warden Sixth Circuit 2019-01-02 Denied Response WaivedIFP 8th-amendment affidavit appellate-review buck-v-davis certificate-of-appealability civil-procedure civil-rights death-penalty declaration due-process habeas-corpus in-forma-pauperis intellectual-disability miller-el-standard poverty redress sixth-circuit threshold-merits Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th…
18-7198 Julio Cruz v. David Hallenbeck, Superintendent, Hale Creek Correctional Facility Second Circuit 2018-12-28 Denied Response WaivedIFP 14th-amendment 8th-amendment affidavit civil-procedure civil-rights constitutional-rights criminal-procedure declaration due-process excessive-fines habeas-corpus in-forma-pauperis incorporation ineffective-assistance post-conviction-relief poverty redress Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
18-794 Ronald R. Shea v. Winnebago County Sheriff's Office, et al. Seventh Circuit 2018-12-20 Denied Response Waived 14th-amendment 6th-amendment 8th-amendment bail civil-rights constitutional-amendments counsel due-process fundamental-rights petition-clause prisoner-rights telephone-access Whether a prisoner's right to a telephone call is a necessary inference of the fundamental rights of bail and counsel under the Sixth, Eighth and Four…
18-7049 Joel Marvin Munt v. Nanette Larson, et al. Eighth Circuit 2018-12-17 Denied Response WaivedIFP 8th-amendment civil-rights dismissal due-process eighth-amendment expert-evaluation jury-trial medical-care mootness prisoner-rights standing summary-judgment Was Petitioner unconstitutionally denied his right to have a jury determine the facts of his case?
18-7058 Jose Joaquin Ramirez v. City of New York, New York, et al. Second Circuit 2018-12-17 Denied Response WaivedIFP 8th-amendment bail-denial civil-rights constitutional-rights criminal-procedure due-process felony flight-risk mental-health pretrial-detention Whether the denial of bail for over 15 months on an individual who has no documented history of felony, prior acts of violence, and no history of flig…
18-7034 Shawn Sadik v. Pennsylvania Pennsylvania 2018-12-14 Denied Response WaivedIFP 8th-amendment criminal-sentencing cruel-and-unusual-punishment culpability death-penalty developmental-disability eighth-amendment intellectual-disability life-without-parole mandatory-life-imprisonment mandatory-sentencing parole Does the Eighth Amendment bar individuals with intellectual-and-developmental-disabilities from receiving mandatory-life-imprisonment-without-parole s…
18-7012 Anthony Jerome Addison v. United States Fourth Circuit 2018-12-13 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights constitutional-claims constitutional-rights criminal-history due-process eighth-amendment origination-clause sentencing-guidelines special-assessment standing statutory-claims Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability…
18-7018 Luis Santos LaGaite, Jr. v. James Foley, et al. Fifth Circuit 2018-12-13 Denied IFP 3-strikes 8th-amendment access-to-courts civil-rights due-process equal-protection fundamental-fairness magna-carta standing Whether the 3 strikes provision of 28 U.S.C. Section 1915(g) violates the Magna Carta, due process, and the fundamental fairness doctrine
18-7019 Jeff Jones v. Quentin Byrne, Warden Nevada 2018-12-13 Denied Response WaivedIFP 8th-amendment civil-rights due-process equal-protection juvenile-justice parole parole-board probation sentencing Does the U.S. Supreme Court's holding in Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L.Ed.2d 825, create a categorical bar against the applic…
18-727 Chene DeVonne Manley v. Arizona Arizona 2018-12-07 Denied 14th-amendment 8th-amendment chiari-malformation due-process fourteenth-amendment medical-condition newly-discovered-evidence post-conviction-relief sentencing-rights Does the Due Process Clause entitle a convicted prisoner to appointment of counsel and opportunity to amend a Notice of Post Conviction Relief asserti…
18-6891 Joseph C. Garcia v. Texas Texas 2018-11-30 Denied IFP 8th-amendment capital-punishment civil-rights criminal-intent cruel-and-unusual-punishment culpability death-penalty due-process eighth-amendment intent-to-kill mens-rea non-triggerman state-execution Whether the Eighth Amendment now forbids a State from executing a person when there is no evidence that he killed or intended to kill another person
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…
18-6781 Joan E. Farr v. Commissioner of Internal Revenue Tenth Circuit 2018-11-23 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment 7th-amendment 8th-amendment civil-rights constitutional-rights due-process judicial-conspiracy legal-representation sixth-amendment Whether Joan Farr was denied constitutional rights
18-6739 David Earl Miller, et al. v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. Tennessee 2018-11-19 Denied IFP 8th-amendment alternative-method available-alternative due-process facial-challenge fourteenth-amendment glossip-standard glossip-v-gross lethal-injection Whether under Glossip v. Gross, inmates raising a facial challenge to one of two methods contained in a State's lethal injection protocol must present…
18-6713 Donald Anthony Grant v. Mike Carpenter, Interim Warden Tenth Circuit 2018-11-15 Denied IFP 8th-amendment constitutional-rights criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma eighth-amendment lockett-rule lockett-v-ohio mental-health mental-health-evidence mitigating-evidence moral-culpability Whether the Eighth Amendment requires a sentencer to consider mitigating evidence of a capital defendant's mental health and background when determini…
18-6516 Linh Thi Minh Tran v. Happy Valley Municipal Court, Oregon Oregon 2018-10-31 Denied IFP 14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process fair-trial judicial-error jurisdiction municipal-court sentencing zoning-violation Was the trial court's judgment unconstitutionally cruel and unusual?
18-6488 Alonzo Dwayne Coleman v. Michael Hakala, et al. Eighth Circuit 2018-10-29 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-medical-care deliberate-deception deliberate-indifference due-process eighth-amendment incarceration medical-evidence medical-treatment prison prison-medical-treatment rare-disease Whether there is a constitutional standard of medical care for persons with rare massive polycystic liver disease and are the state's (Missouri) priso…
18-6458 Eddie Williams, Jr. v. Tennessee Tennessee 2018-10-26 Denied IFP 14th-amendment 8th-amendment civil-procedure civil-rights cruel-and-unusual-punishment due-process free-speech standing state-action takings Whether the Tennessee Supreme Court erred in determining that the petitioner's claims under the Eighth and Fourteenth Amendments of the U.S. Constitut…
18-6433 Robert Norman Smithback v. Texas Texas 2018-10-25 Denied IFP 8th-amendment civil-rights civil-rights,due-process,standing,civil-procedure, constitutional-guarantees cruel-and-unusual-punishment due-process equal-protection farmer-v-brennan prison-conditions prisoner-rights supreme-court-precedent Whether Texas jurisprudence enforces constitutional guarantees, especially the Supreme Court's Farmer v. Brennan decision
18-476 Cowlitz County, Washington, et al. v. Jule Crowell, et al. Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2) 14th-amendment 42-usc-1983 8th-amendment civil-rights deliberate-indifference due-process fourteenth-amendment medical-care monell monell-doctrine municipal-liability objective-reasonableness section-1983 serious-medical-needs subjective-intent Whether a pretrial detainee alleging Fourteenth Amendment claims of deliberate indifference to serious medical needs must show subjective intent or ob…
18-6264 Adrian M. Requena v. Ray Roberts, et al. Tenth Circuit 2018-10-10 Denied IFP 8th-amendment civil-rights constitutional-rights due-process government-accountability judicial-oversight judicial-review prison-officials prisoner-rights Can Prison Officials violate a prisoner's Constitutional Rights and the Court System turn a blind eye?
18-6220 Anthony Quentin Kelly v. Frank Bishop, Warden, et al. Fourth Circuit 2018-10-04 Denied IFP 8th-amendment access access-to-courts civil-rights cruel-and-unusual-punishment due-process food-and-water liberty Whether the short period of being held without trial and the deprivations of liberty, food, drinking water, and access to the outdoors violate the Eig…
18-6223 Martin Jonassen v. United States, et al. Ninth Circuit 2018-10-04 Dismissed Response WaivedIFP 8th-amendment administrative-procedure cell-conditions civil-rights constitutional-rights cruel-and-unusual-punishment due-process facility-design habeas-corpus inmate-safety prison-conditions prison-overcrowding standing Whether the 5th Circuit erred in affirming the District Court's dismissal without a hearing and denial of petitioner's requests for injunctive and dec…
18-6153 Tonya Lynn Raisbeck v. Anthony Stewart, Warden Sixth Circuit 2018-10-01 Denied Response WaivedIFP 14th-amendment 8th-amendment assets assets-liabilities civil-rights due-process excessive-fines expenses financial-disclosure in-forma-pauperis income incorporation monthly-expenses monthly-income poverty poverty-affidavit support Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment
18-6086 In Re Daniel Clate Acker 2018-09-24 Denied IFP 8th-amendment actual-innocence constitutional-claims death-penalty due-process eighth-amendment false-evidence habeas-corpus new-evidence state-liability state-repudiation wrongful-conviction Whether an original writ of habeas corpus is appropriate in the case of a death-sentenced individual who was convicted and sentenced to death on a the…
18-6027 Hayden Beaulieu v. Arizona Arizona 2018-09-18 Denied IFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment extradition juvenile-justice plea-deal prosecutorial-discretion sentencing transfer-hearing Is it permissible under the 8th amendment to impose an adult sentence on a minor for a non-dangerous, non-repetitive offense?
18-5892 Andre Jackson v. Ohio Ohio 2018-09-06 Denied IFP 6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-5834 Gregory D. Kilpatrick v. Keith Robinson Second Circuit 2018-08-30 Denied Relisted (2)IFP 8th-amendment civil-procedure civil-rights due-process equal-protection jurisdiction medical-treatment patent prison-conditions standing takings Whether the petitioner was denied due process and equal protection under the 14th Amendment when the court failed to provide him with adequate medical…
18-5816 Keith L. Nash v. Richard J. Bishop, et al. Ninth Circuit 2018-08-29 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process incarceration jurisdiction medical-care prison standing statutory-interpretation takings Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires the government to provide adequate medical care to incarcerated in…
18-5792 Marlon Watford v. Thomas LaFond, et al. Seventh Circuit 2018-08-28 Denied IFP 1st-amendment 42-usc-1983 8th-amendment civil-procedure civil-rights due-process free-speech jurisdiction standing Whether the district court erred in dismissing Petitioner's claims under 42 U.S.C. §1983 alleging violations of his constitutional rights under the Fi…
18-5742 Solomon David Roberts v. Florida Florida 2018-08-24 Denied Relisted (2)IFP 8th-amendment civil-rights due-process evidentiary-hearing habeas-corpus life-without-parole mandatory-minimums miller-v-alabama sentencing simple-robbery standing Whether the Supreme Court should review the role of constitutional law in excluding particular litigants based on previous filings
18-5698 Devonte Brown v. Ohio Ohio 2018-08-22 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sentencing Whether this Court's precedent requires a trial court's record to reflect specific consideration of irreparable corruption before sentencing the child…
18-5652 Glen Springer v. Benjamin Dale Caple, et al. Eighth Circuit 2018-08-20 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-needs prison-conditions Did Phish Suffer An Eighth Amendment Violation?
18-203 Joey Montrell Chandler, aka Joey M. Chandler, aka Joey Chandler v. Mississippi Mississippi 2018-08-15 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) 8th-amendment criminal-procedure eighth-amendment incorrigible juvenile-offender juvenile-offenders juvenile-sentencing life-without-parole permanent-incorrigibility rehabilitation sentencing sentencing-discretion state-supreme-courts Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc…
18-5595 Keith L. Williams v. Kul Sood, et al. Seventh Circuit 2018-08-15 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights due-process eighth-amendment in-forma-pauperis judicial-discretion prisoner-rights procedural-error standing summary-judgment Whether court of appeals or district court abused its discretion in (8th) amendment violation claim by failing to acknowledge evidence
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 was unconstitutional and warranted the denial of qualified immunity
18-5490 Mark Madison Lowe v. Virginia Department of Corrections Fourth Circuit 2018-08-08 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-rights due-process judicial-discretion sixth-amendment stun-belt trial-procedure Whether the imposition of a RACC Stun belt with secret instructions to compel testimony, alter testimony, and remain silent during trial infringed upo…
18-5430 James Davis Bennett, et ux. v. United States, et al. Ninth Circuit 2018-08-01 Denied Response WaivedIFP 8th-amendment constitutional-defense deliberate-indifference due-process eighth-amendment estelle-vs-gamble federal-rules-of-appellate-procedure medical-care prisoner-rights serious-medical-needs summary-judgment Whether the Eighth Amendment allows a court to create a constitutional defense to an admitted Eighth Amendment violation requiring a prisoner plaintif…
18-5402 Thomas Dewey Pope v. Florida Florida 2018-07-31 Denied IFP 8th-amendment caldwell-v-mississippi capital-punishment due-process eighth-amendment equal-protection hurst-v-florida hurst-v-state montgomery-v-louisiana retroactivity supremacy-clause Does the Florida Supreme Court's determination that the jury findings required by Hurst v. Florida and Hurst v. State enhance the reliability of decis…
18-5384 Wendell Rivera-Ruperto v. United States First Circuit 2018-07-30 Denied IFP 8th-amendment due-process due-process-clause eighth-amendment government-manipulation mandatory-life-sentence mandatory-minimum sentencing-enhancement sentencing-enhancements statutory-manipulation sting-operation sting-operations Whether the Eighth Amendment forbids the creation of a de-facto mandatory life without parole sentence through stacking 18 U.S.C. § 924(c) charges
18-5298 Reuben Stewart v. United States Eighth Circuit 2018-07-23 Denied IFP 18-usc-922g 18-usc-924 18-usc-924e2bii 8th-amendment aggravated-assault criminal-law due-process johnson-precedent johnson-v-united-states means-rea mens-rea recklessness sentencing statutory-interpretation violent-felony Does a prior conviction predicated on a mens rea of recklessness qualify as a violent felony under 18 U.S.C. section 924(e)(2)(B)(ii) in light of John…
18-5283 David McGowan v. Pennsylvania Pennsylvania 2018-07-20 Denied Response WaivedIFP 14th-amendment 8th-amendment appellate-court appellate-review due-process habeas-corpus state-appellate-court state-court unconstitutional-sentence unlitigated-claim Is a state appellate court's unexplained refusal to allow a petitioner to file for state provided avenue of writ of habeas corpus relief on an unlitig…
18-5179 Ronnie Johnson v. Florida Florida 2018-07-09 Denied IFP 6th-amendment 8th-amendment cruel-and-unusual-punishment death-penalty due-process equal-protection hurst-v-florida jury-trial retroactivity ring-v-arizona Whether the retroactive application of Hurst v. Florida was unconstitutionally limited