clearly-established

28 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-1229 Denise A. Canzoneri v. Prescott Unified School District, et al. Ninth Circuit 2025-06-03 Denied clearly-established factual-allegations first-amendment light-most-favorable motion-to-dismiss qualified-immunity At the motion to dismiss stage, can a court disregard the 'light most favorable' standard and require the plaintiff to prove her rights were 'clearly …
24A697 Ismael Ruiz v. Dan Shannon, Director, Wyoming Department of Corrections, et al. Tenth Circuit 2025-01-15 Presumed Complete access-to-courts clearly-established constitutional-violation prisoners-rights pro-se tenth-circuit Whether the Tenth Circuit Court of Appeals violated a pro se prisoner's clearly established constitutional right of access to courts by disregarding h…
24-15 Paulette Smith, Individually and as Successor in Interest to Albert Dorsey, Deceased v. Edward Agdeppa Ninth Circuit 2024-07-09 Denied clearly-established excessive-force fourth-amendment police-shooting qualified-immunity section-1983 summary-judgment use-of-force In a § 1983 action arising out of fatal police shooting involving disputed allegations of Fourth Amendment violations, did the Ninth Circuit err in gr…
23-1333 Sami Azmi, et al. v. John Sylvester Penny Ninth Circuit 2024-06-21 Denied civil-rights clearly-established excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment undisputed-evidence video-evidence Does a court's obligation to view the evidence in the light most favorable to the plaintiff allow it to ignore undisputed clear video evidence that wo…
23-689 City of Los Angeles, California, et al. v. M. A. R., a Minor, By and Through His Guardian ad Litem, Elisabeth Barragan, Individually and as a Successor in Interest to Daniel Rivera, et al. Ninth Circuit 2023-12-27 Dismissed Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established excessive-force law-enforcement qualified-immunity summary-judgment undisputed-evidence video-evidence Whether a court's obligation to view the evidence in the light most favorable to the plaintiff allows it to ignore undisputed clear video evidence tha…
23-521 Denise Fisher v. Jodi M. Moore, et al. Fifth Circuit 2023-11-16 Denied Response Waived circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment qualified-immunity state-action state-created-danger Whether the Due Process Clause prohibits state officials from knowingly placing a person at unjustifiably high risk of harm
23A42 Sarah K. Molina, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2023-07-17 Presumed Complete clearly-established first-amendment legal-observers qualified-immunity retaliation section-1983 Whether the First Amendment protects individuals from government retaliation for wearing identifying apparel as legal observers and for unobtrusively …
22-1107 Officer Matthew Gregory, et al. v. Elise Brown Ninth Circuit 2023-05-12 Denied Response RequestedRelisted (3) civil-rights clearly-established clearly-established-law constitutional-rights department-policies excessive-force law-enforcement police-procedure police-training qualified-immunity Whether the law was clearly established that following department policies and training would result in individual officer liability
22-735 Kori Anderson, et al. v. Tristen Calder, as Personal Representative of the Estate of Coby Lee Paugh Tenth Circuit 2023-02-07 Denied Response RequestedRelisted (2) alcohol-withdrawal civil-rights clearly-established constitutional-violation due-process law-enforcement medical-needs qualified-immunity Whether qualified immunity was wrongfully denied to Petitioners in an alcohol withdrawal case based on a general determination that ignoring serious m…
22-675 Vicki Jo Lewis, et vir, Individually and as Co-Personal Representatives of the Estate of Isaiah Mark Lewis, Deceased v. City of Edmond, Oklahoma, et al. Tenth Circuit 2023-01-20 Denied 42-usc-1983 civil-rights clearly-established clearly-established-law constitutional-rights due-process excessive-force law-enforcement qualified-immunity section-1983 summary-reversal Whether the doctrine of qualified immunity should be reconsidered
22-556 N. S., Only Child of Decedent, Ryan Stokes, By and Through Her Natural Mother and Next Friend, Brittany Lee, et al. v. Kansas City Board of Police Commissioners, et al. Eighth Circuit 2022-12-19 Denied Amici (1)Relisted (12) 42-usc-1983 circuit-split civil-rights clearly-established constitutional-rights due-process law-enforcement legal-precedent qualified-immunity section-1983 Whether qualified immunity insulates a law enforcement officer from liability under 42 U.S.C. § 1983
22-431 Gigi Jordan v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility Second Circuit 2022-11-08 Dismissed Response RequestedResponse WaivedRelisted (2) clearly-established federal-law habeas-corpus public-trial-clause sixth-amendment supreme-court-precedent unreasonable-application Whether a federal habeas petitioner seeking relief on the basis of a violation of the Public Trial Clause can demonstrate an 'unreasonable application…
21-1220 County of Sacramento, California, et al. v. Kenard Thomas Ninth Circuit 2022-03-08 Denied Amici (1)Response Waived 42-usc-1983 civil-procedure civil-rights clearly-established constitutional-violation due-process fact-determination law-enforcement qualified-immunity reviewing-standard section-1983 Whether a reviewing court should limit the facts considered when determining qualified immunity
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
21-1075 Mandy England, in Her Individual Capacity v. Annissa Colson Sixth Circuit 2022-02-03 Denied Response Waived civil-rights clearly-established constitutional-rights correctional-officer due-process eighth-amendment inmate-treatment medical-determination medical-treatment qualified-immunity Whether a correctional officer violated a constitutional right of an inmate for not requesting further treatment for a injury to the inmate's knee whe…
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied IFP 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate
20-1632 Patrick H. Stockdale, et al. v. Kim R. Helper Sixth Circuit 2021-05-24 Denied absolute-immunity clearly-established constitutional-rights first-amendment petition-clause public-employee qualified-immunity retaliation Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public official o…
20-1128 Ralph Clay Walsh, Jr. v. Lisa Hodge, et al. Fifth Circuit 2021-02-17 Denied Response Waived circuit-split civil-rights clearly-established clearly-established-law cross-examination due-process qualified-immunity title-ix Does the mere presence of a circuit split necessarily foreclose a finding that the law is 'clearly established' for qualified immunity purposes?
20-1002 Cody William Cox v. Don Wilson Tenth Circuit 2021-01-26 Denied Amici (1) circuit-split civil-rights clearly-established constitutional-rights due-process fair-notice fair-warning government-official legal-standard precedent-comparison qualified-immunity Whether a court may uphold a qualified immunity claim on the ground that qualified immunity had been granted in a prior case in which the 'impropriety…
20-877 Trinell King v. Ricky Pridmore, et al. Eleventh Circuit 2020-12-31 Denied civil-rights clearly-established excessive-force hope-v-peltzer police-misconduct qualified-immunity racial-bias summary-judgment tolan-v-cotton Whether the Eleventh Circuit disregarded the summary judgment standard in Trinell King's case and improperly weighed the evidence in favor of the Whit…
19-1085 Shannon Deasey, et al. v. Daniella Slater, et al. Ninth Circuit 2020-03-04 Denied Response RequestedRelisted (2) 7th-circuit 9th-circuit civil-rights clearly-established clearly-established-law closely-analogous constitutional-rights due-process legal-precedent ninth-circuit qualified-immunity seventh-circuit sufficiently-analogous Whether a 'sufficiently analogous' case is enough to show that the law is 'clearly established' for purposes of qualified immunity, or if something mo…
19-725 JonMichael Guy v. Robert O. Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2019-12-09 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established due-process first-amendment free-speech judicial-interpretation qualified-immunity religion-clauses religious-discrimination sincere-belief standing When a government official discriminates against a belief that is sincere and religious to the victim, and is therefore protected by the Religion Clau…
19-466 Zachery Pittman v. Herman Harris Fourth Circuit 2019-10-09 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 4th-amendment circuit-split civil-rights clearly-established excessive-force fourth-amendment qualified-immunity scott-v-harris section-1983 summary-judgment use-of-force Whether the Fourth Circuit erred in deviating from other circuit holdings and announcing that Scott v. Harris directs the lower courts to examine whet…
19-174 Jeri Lynn Rich, Representative for Gavrila Covaci Dupuis-Mays, an Incapacitated Person v. Michael Palko, et al. Fifth Circuit 2019-08-07 Denied Relisted (2) civil-rights clearly-established collateral-order collateral-order-doctrine excessive-force fourth-amendment material-facts qualified-immunity seizure When courts are deciding qualified immunity in Fourth Amendment cases, shouldn't they recite the trial court's identification of the disputed issues o…
18-1458 Charles J. Vernier v. Debra Gallegos New Mexico 2019-05-22 Denied Response Waived 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure Did the state appellate court err in failing to apply the standards set forth in federal case law regarding 42 U.S.C. § 1983 and the qualified immunit…
18-1358 Douglas Echols v. Spencer Lawton Eleventh Circuit 2019-04-29 Denied Response Waived circuit-split civil-rights clearly-established constitutional-violation due-process first-amendment first-amendment-retaliation libel-per-se presumption-of-innocence qualified-immunity retaliation substantive-due-process Whether a prosecutor's use of libel per se to retaliate against a wrongfully convicted person seeking compensation through legislative means violates …
18-643 Janette Dunkle v. Jennifer Dale, et al. Ninth Circuit 2018-11-19 Denied Response Waived 14th-amendment 4th-amendment child-seizure circuit-court-precedent circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment fourth-amendment qualified-immunity warrantless-seizure Whether the Ninth Circuit erred in applying the narrow approach from Kirkpatrick, and whether Circuit-level opinions stating that an emergency is requ…
18-46 City of Middletown, Connecticut, et al. v. William McKinney Second Circuit 2018-07-09 Denied Amici (1)Response Waived 4th-amendment active-resistance civil-rights clearly-established constitutional-rights detainee-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-officer use-of-force Did the Second Circuit Court of Appeals improperly find a constitutional violation in failing to consider the reasonableness of the use of force from …