clearly-established-law

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-943 Antonio M. Smith v. John Kind, et al. Seventh Circuit 2026-02-09 Pending clearly-established-law constitutional-rights deliberate-indifference eighth-amendment government-official qualified-immunity When a government official acts in an obviously unconstitutional manner, is that sufficient for the violation to be clearly established, or is a viola…
25-472 Angelic Salgado, as Personal Representative of the Wrongful Death Estate of Jonathan Molina v. Kevin Smith Tenth Circuit 2025-10-17 Denied clearly-established-law excessive-force fourth-amendment police-shooting qualified-immunity use-of-force Whether a police officer's second volley of shots after a six to eight second pause violates Fourth Amendment protections against excessive force
25-216 Mathew Grashorn v. Wendy Love, et al. Tenth Circuit 2025-08-22 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) clearly-established-law imminent-danger jurisdiction objective-reasonableness qualified-immunity tenth-circuit Whether a reviewing court lacks jurisdiction over a district court's determination of imminent danger in a qualified immunity analysis, and whether th…
25-5286 Samuel Fields v. Laura Plappert, Warden Sixth Circuit 2025-08-06 Denied Amici (1)IFP aedpa circuit-court-mandate clearly-established-law exceptional-circumstance habeas-corpus supreme-court-review May a subsequent decision of this Court calling into question the correctness and integrity of a circuit court's judgment qualify as an exceptional ci…
24-998 Officer Eddie Boyd, III, et al. v. Fred Watson Eighth Circuit 2025-03-19 Denied Response RequestedResponse WaivedRelisted (2) causation-standard clearly-established-law first-amendment qualified-immunity retaliatory-force section-1983 Whether the Eighth Circuit's decision violated 'clearly established' law directives and the objective reasonableness standard for First Amendment reta…
24-6315 Eric St. George v. City of Lakewood, Colorado, et al. Tenth Circuit 2025-01-15 Denied IFP clearly-established-law constitutional-rights due-process police-shooting qualified-immunity tenth-circuit Whether the Tenth Circuit's application of White v. Pauly to a 2016 shooting under Qualified Immunity constitutes a permissible legal interpretation o…
24A226 Corey Cunningham, on Behalf of Kodi Gaines, a Minor v. Baltimore County, Maryland, et al. Maryland 2024-08-30 Presumed Complete clearly-established-law constitutional-rights due-process excessive-force qualified-immunity section-1983 Whether the Fourteenth Amendment's Due Process Clause permits qualified immunity for law enforcement officers who use objectively unreasonable and egr…
24A55 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-07-17 Presumed Complete clearly-established-law fourth-amendment qualified-immunity reasonable-efforts search-warrant wrong-house-raid Whether an officer violates clearly established Fourth Amendment law when executing a search warrant at the wrong residence without taking reasonable …
24A42 Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. Eleventh Circuit 2024-07-15 Presumed Complete clearly-established-law constitutional-claim federal-statute habeas-corpus state-court writ-of-certiorari Whether the federal habeas corpus statute under 28 U.S.C. § 2254 permits relief when a state court's adjudication of a constitutional claim was contra…
23-1297 Michael Roane v. Tina Ray Fourth Circuit 2024-06-12 Denied clearly-established-law fourth-amendment fourth-amendment-seizure objective-reasonableness personal-property qualified-immunity self-defense summary-judgment unreasonable-seizure Whether Roane's act had to be the 'necessary' or 'unavoidable' act, rather than within a range of objective reasonableness, to be considered an act of…
23A1056 George Stephenson, Warden v. Lafayette Deshawn Upshaw Sixth Circuit 2024-05-28 Presumed Complete aedpa clearly-established-law habeas-corpus plurality-opinion sixth-circuit state-court-review Whether a federal court of appeals may apply a Supreme Court plurality opinion as 'clearly established law' under the Antiterrorism and Effective Deat…
23-991 City of Long Beach, New York, et al. v. Ricky Joshua Benny Second Circuit 2024-03-11 Denied Response Waived circuit-court civil-rights clearly-established-law due-process excessive-force law-enforcement police-conduct qualified-immunity Whether the Second Circuit departed from this Court's precedents
23-6912 Samuel Fields v. Laura Plappert, Warden Sixth Circuit 2024-03-06 Rehearing Relisted (10)IFP aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards Whether a jury's consideration and reliance on extrinsic evidence as part of a jury experiment violates the clearly established federal law requiring …
23-846 City of Sparks, Nevada, et al. v. Rosa Ester Brizuela, Individually and as Special Administrator of the Estate of Rolando Antonio Brizuela, et al. Ninth Circuit 2024-02-06 Denied Response RequestedResponse WaivedRelisted (2) circuit-split clearly-established-law community-areas community-owned-areas curtilage multi-family-dwelling multifamily-dwelling ninth-circuit precedent Did the Ninth Circuit err in holding that community-owned areas in front of a multifamily dwelling constituted curtilage?
23-695 Samantha Taczak, et al. v. Nicolette Cremeans, et al. Sixth Circuit 2023-12-27 Denied civil-rights clearly-established-law constitutional-rights due-process fourteenth-amendment qualified-immunity section-1983 state-court state-court-precedent u.s-constitution What sources of law constitute 'controlling authority' for the purposes of clearly establishing a right when analyzing Section 1983 qualified immunity…
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest Did the Sixth Circuit err in denying qualified immunity to four police officers?
23-6292 Ray O. Crowell, Jr. v. Mark R. Sevier, Warden Seventh Circuit 2023-12-18 Denied Response WaivedRelisted (2)IFP circuit-court civil-rights clearly-established-law counsel-claim due-process federal-habeas ineffective-assistance post-conviction standard-of-review strickland strickland-standard Whether the state courts resolution of Crowell's ineffective assistance of counsel claim for failing to advise of an affirmative defense was contrary …
23-447 Jeremy Johnson v. Andre D. Boyd Fifth Circuit 2023-10-27 Denied Response Waived circuit-court-precedent civil-rights clearly-established-law constitutional-rights fifth-circuit legal-standard qualified-immunity split-second-use-of-force use-of-force Whether circuit court precedent can clearly establish the law for the purpose of qualified immunity analysis, and, if so, under what circumstances can…
23A357 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-10-20 Presumed Complete adverse-employment-action clearly-established-law first-amendment peer-review qualified-immunity section-1983 Whether a physician serving on a medical staff peer review committee can be held liable for an adverse employment action under 42 U.S.C. §1983 based o…
23-5819 Jason Green v. Warren L. Montgomery, Warden Ninth Circuit 2023-10-17 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law due-process forum-shopping habeas-corpus judicial-fairness lockyer-v-andrade ninth-circuit-review panetti-v-quarterman prosecutorial-misconduct Did the Ninth Circuit take an inappropriately narrow view of what constitutes clearly established federal law in conflict with this Court's treatment …
23-377 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-10-11 Denied circuit-court-precedent clearly-established-law excessive-force fourth-amendment ninth-circuit police-conduct qualified-immunity supreme-court-precedent Whether this Court's precedents are the only source of clearly established law for purposes of qualified immunity
23-274 William Felkner v. John Nazarian, et al. Rhode Island 2023-09-21 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights clearly-established-law first-amendment free-speech legal-standard policy qualified-immunity section-1983 supreme-court Whether the judge-made 'clearly established law' qualified immunity standard should be abolished or limited
23A255 Denise Fisher v. Jodi M. Moore, et al. Fifth Circuit 2023-09-20 Presumed Complete clearly-established-law deliberate-indifference fourteenth-amendment qualified-immunity section-1983 state-created-danger-doctrine Whether the state-created danger doctrine, unanimously recognized by ten federal circuits, constitutes a clearly established right under the Fourteent…
23A160 Brian Williams, Warden, et al. v. Reynaldo Agavo Ninth Circuit 2023-08-22 Presumed Complete attorney-misconduct clearly-established-law confrontation-clause equitable-tolling habeas-corpus section-2254 Whether the Ninth Circuit properly applied 28 U.S.C. § 2254(d)(1) in holding that Nevada courts unreasonably applied clearly established Confrontation…
23-5051 Andrew Valles v. Merrick B. Garland, Attorney General, et al. Tenth Circuit 2023-07-06 Denied Response WaivedIFP civil-procedure civil-rights clearly-established-law constitutional-law due-process federal-review first-amendment habeas-corpus separation-of-powers standing state-court-adjudication Does the resort of 28 U.S.C. 2415(e) - a safety valve created by Congress - succumb entirely to and find defeat in 8 U.S.C. 1182(a) - a seeming inhere…
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
22-756 Lannette Linthicum, et al. v. Robin Wayne Smith Fifth Circuit 2023-02-10 Denied Response RequestedRelisted (2) civil-procedure civil-rights clearly-established-law constitutional-rights due-process fifth-circuit medical-needs qualified-immunity standing summary-judgment summary-reversal Whether the Fifth Circuit manifestly departed from this Court's precedent by holding that authority that postdates the defendant's alleged acts can cl…
22-728 Daniel Cameron Wilkey, et al. v. William Eugene Klaver Sixth Circuit 2023-02-03 Denied Response Waived civil-rights clearly-established-law clearly-established-right fourth-amendment law-enforcement police-conduct qualified-immunity reasonable-suspicion traffic-stop Whether the Sixth Circuit defined the right at too high a level of generality
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
22-6396 John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-12-27 Denied IFP appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact Did the appellate court err in affirming the denial of Sansing's petition on this meritorious claim?
22-223 County of Riverside, California, et al. v. Estate of Clemente Najera-Aguirre, et al. Ninth Circuit 2022-09-12 Denied Amici (1) 9th-circuit clearly-established-law constitutional-rights deadly-force excessive-force law-enforcement ninth-circuit particularized-consideration qualified-immunity use-of-force Did the Ninth Circuit's panel decision denying qualified immunity contravene this Court's mandate that courts should not hold officers to a standard o…
21-7774 Brandon Leon Bibbs v. Alex Villanueva, Sheriff, Los Angeles County, California Ninth Circuit 2022-05-04 Denied IFP civil-rights clearly-established-law constitutional-and-statutory-provisions constitutional-review due-process federal-review habeas-corpus jurisdiction reasons-for-granting-the-writ standing state-court-adjudication Whether the lower court erred in denying petitioner's claim for adequate relief when petitioner is fully denied standing to bring his claims
21-1403 Travis Morse, Individually and in His Official Capacity as a Police Officer for the Town of Orono, Maine, et al. v. Christopher French First Circuit 2022-05-02 Denied Response RequestedResponse WaivedRelisted (3) circuit-court civil-rights clearly-established-law constitutional-rights due-process knock-and-talk law-enforcement qualified-immunity warrant-requirement Did the First Circuit depart from this Court's qualified immunity precedent?
21-7341 Jerry Fruit v. United States Third Circuit 2022-03-11 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law direct-appeal fourth-amendment full-and-fair-litigation habeas-corpus stone-v-powell trial-litigation Whether habeas corpus petitioners have been afforded the opportunity for full and fair litigation of their Fourth Amendment claim
21-6880 In Re Allen Fitzgerald Calton 2022-01-18 Dismissed IFP civil-rights clearly-established-law due-process federal-courts federal-review habeas-corpus standing state-prisoner successive-petition successive-petitions unreasonable-application Whether the U.S. Court of Appeals was original habeas corpus jurisdiction over a second or successive habeas petition filed by a state prisoner who wa…
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
21-6536 In Re Michael Robert Everett 2021-12-07 Denied IFP 5th-amendment civil-rights clearly-established-law due-process evidence federal-habeas-corpus ineffective-assistance post-conviction-relief state-court-record suppression-hearing unreasonable-determination Whether counsel was ineffective for failing to present to the court during suppression hearing evidence that the petitioner seeks to raise when invoki…
21-789 Casey Benton v. Mary Bradley, as Administrator of the Estate of Troy Robinson, et al. Eleventh Circuit 2021-11-29 Denied clearly-established-law constitutional-rights deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity taser-deployment tennessee-v-garner Whether a police officer is entitled to qualified immunity for deploying a taser to stop a fleeing person on top of an eight-foot wall
21-533 Brad Martin, Individually and as an Employee of the Arizona Department of Public Safety, et al. v. Carlos Castro Ninth Circuit 2021-10-12 Denied Amici (1) clearly-established-law fourth-amendment k9-deployment law-enforcement qualified-immunity reasonable-force totality-of-circumstances use-of-force violent-crime when-law-enforcement-officer-deploys-k9-to-restrain-fleeing-suspect
21-314 Ed Reynolds, et al. v. Karri Dalton, as Personal Representative of the Estate of Nikki Bascom, and Next Friend to M. B., a Minor Child and A. C.. a Minor Child Tenth Circuit 2021-08-31 Denied Response Waived 10th-circuit civil-rights clearly-established-law constitutional-rights domestic-violence equal-protection police-duty police-protection qualified-immunity Question not identified. section-1983 21-313" section-1983 21-313" Did the Tenth Circuit err in denying Petitioners qualified immunity on Dalton's Equal Protection claim
21-5460 Joe Michael Luna v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-24 Denied IFP 28-usc-2254 circuit-split clearly-established-law federal-law federal-review habeas-corpus habeas-review state-court-decision statutory-interpretation wilson-v-sellers Under 28 U.S.C. § 2254(d)(1) and Wilson v. Sellers, is a habeas court's review limited to the state court's reasons or can it consider other reasons?
20-1613 John Wayne Collins v. James David Green, Warden Sixth Circuit 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) aedpa aedpa-deference clearly-established-law criminal-joinder federal-constitutional-claim federal-constitutional-rights habeas-corpus standard-of-review state-court-proceedings state-supreme-court unreasonable-application Whether de novo review instead of deferential review under AEDPA applies where a state supreme court's analysis was not conducted deliberately as a fe…
20-1592 Caitlin McCann, et al. v. Sheila Garcia, et al. Ninth Circuit 2021-05-17 Denied Response RequestedRelisted (2) circuit-split civil-procedure civil-rights clearly-established-law constitutional-rights due-process legal-principles precedent qualified-immunity social-workers standing Whether a plaintiff satisfies the 'clearly established law' prong of qualified-immunity
20-1324 Charles McManemy v. Bruce Tierney, et al. Eighth Circuit 2021-03-23 Dismissed Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights clearly-established-law due-process eighth-circuit excessive-force fourth-amendment law-enforcement-conduct qualified-immunity standing Is the test for clearly established law being properly applied within the Eighth Circuit?
20-1276 Stephen B. McKinney v. Felicia Harkness Dean, Guardian and Conservator for and on Behalf of Janel Harkness, an Incapacitated Adult Fourth Circuit 2021-03-15 Denied circuit-court-of-appeals clearly-established-law deliberate-indifference due-process intent-to-harm parratt-hudson parratt-hudson-doctrine qualified-immunity substantive-due-process Did the Circuit Court of Appeals err in failing to apply the Parratt-Hudson doctrine to the Respondent's substantive due process claim?
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?
20-6768 Quentin Watson v. Darrel Vannoy, Warden Fifth Circuit 2021-01-04 Denied Response WaivedIFP appellate-review civil-procedure civil-rights clearly-established-law district-court due-process federal-jurisdiction fifth-circuit judicial-procedure legal-evaluation petition-review standing Whether the United States District Court, Eastern District of Louisiana and Fifth Circuit Court of Appeals misapplied clearly established law in evalu…
20-872 Shane Davis v. Mike Carroll, et al. Eleventh Circuit 2020-12-31 Denied 42-usc-1983 civil-procedure civil-rights clearly-established-law constitutional-rights due-process factual-reasonableness judicial-interpretation legal-standard qualified-immunity Whether qualified immunity absolves a defendant of § 1983 liability, despite knowledge of clearly established law, unless the plaintiff shows the viol…
20-811 Kathy Contreras, on Behalf of Her Minor Child A. L. v. Dona Ana County Board of County Commissioners, dba Dona Ana County Detention Center, et al. Tenth Circuit 2020-12-15 Denied civil-rights clearly-established-law constitutional-rights deliberate-indifference due-process monell-claim monell-claims qualified-immunity section-1983 Whether the law was clearly established
20-6419 Romell Broom v. Tim Shoop, Warden Sixth Circuit 2020-11-24 Dismissed IFP clearly-established-law constitutional-interpretation cruel-and-unusual-punishment eighth-amendment execution-attempt habeas-corpus robinson-v-california section-2254 sentencing supreme-court-precedent trop-v-dulles Is Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) the clearly established United States Supreme Court precedent, for purposes of 28 U.S.C.…
20-6146 Douglas Harrie Stewart v. Cathleen Stoddard, Warden Sixth Circuit 2020-10-28 Denied Response WaivedIFP aedpa antiterrorism-and-death-penalty-act-of-1996 clearly-established-law due-process estelle-v-mcguire evidence-prejudice fourteenth-amendment lisenba-v-people-of-state-of-california payne-v-tennessee trial-fairness Whether the rule of law espoused by Payne v. Tennessee, Lisenba v. People of State of California, and Estelle v. McGuire qualifies as 'clearly establi…
20-498 Sonia Garcia, et vir v. Wesley Blevins, et al. Fifth Circuit 2020-10-16 Denied Response Waived 4th-amendment civil-rights clearly-established-law constitutional-rights deadly-force fourth-amendment qualified-immunity stare-decisis unpublished-decisions unpublished-opinions Whether a person holding a gun has a Fourth Amendment right to be free from deadly force
20-202 Robert Massie v. Basilea Mena Ninth Circuit 2020-08-21 Denied Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established-law detention excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force Whether Officer Massie's actions constituted excessive force in violation of the Fourth Amendment
20-182 Rita Stanback, et al. v. Ginny Humphrey, as Parent and Legal Guardian of Minor Child, O. H., et al. Sixth Circuit 2020-08-19 Denied civil-rights clearly-established-law due-process law-enforcement police-investigation qualified-immunity sexual-misconduct sixth-circuit supervisory-liability takings Whether the Sixth Circuit contradicted a fundamental principle of this Court's qualified immunity precedent
20-83 Jacob Jones, et al. v. Wayne Duke Kalbaugh Tenth Circuit 2020-07-29 Denied Response RequestedRelisted (2) civil-rights clearly-established-law excessive-force fourth-amendment law-enforcement objective-reasonableness police-conduct qualified-immunity tenth-circuit Did the Tenth Circuit improperly focus on the knowledge and intentions of the suspect, rather than the facts knowable to the officers, in reversing th…
20-5092 Sebastian Cortez-Hernandez v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-07-16 Denied IFP appellate-jurisdiction civil-rights clearly-established-law constitutional-interpretation due-process federal-law ineffective-assistance-of-counsel judicial-review legal-procedure statutory-construction supreme-court Whether the ruling by the Supreme Court constitutes a clearly established law error in the United States Supreme Court Ineffective Assistance of Couns…
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…
19-1042 Euince J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer v. Kaufman County, Texas, et al. Fifth Circuit 2020-02-21 Denied Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights civil-rights-act clearly-established-law constitutional-rights due-process excessive-force fifth-circuit law-enforcement qualified-immunity Whether the Fifth Circuit's qualified immunity analysis sets a dangerous precedent for the Civil Rights Act, exposing flaws in the Supreme Court's qua…
19-956 Donald E. Craig, et al. v. Janet Turner O'Kelley, Individually and as Personal Representative of the Estate of John Harley Turner, et al. Eleventh Circuit 2020-01-30 Denied Amici (1) civil-procedure civil-rights clearly-established-law due-process government-officers harlow-standard harlow-v-fitzgerald moore-v-pederson panel-decision qualified-immunity timing-circumstance Whether timing constitutes an extraordinary circumstance for qualified immunity
19-7192 Keith Edward Walker v. Ronda Pash, Warden Eighth Circuit 2020-01-07 Denied IFP 28-usc-2254 appellate-review civil-procedure civil-rights clearly-established-law due-process equal-protection federal-jurisdiction federal-review finality-of-judgment habeas-corpus standing state-court-decision statute-of-limitations Does the reamme of 28 U.S.C. 2244(d) and (p) create ambiguity in 28 U.S.C. 2244(d)(1) regarding the one-year period of litigation
19-753 Michael Hunter, et al. v. Randy Cole, et al. Fifth Circuit 2019-12-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (7) civil-rights clearly-established-law deadly-force deadly-weapon due-process dynamic-encounter excessive-force fourteenth-amendment fourth-amendment police-use-of-force qualified-immunity shooting-encounter use-of-force Whether police officers can use deadly force when a person armed with a firearm moves the weapon toward the officer, even if the officer has not shout…
19-657 Virgil Brewer v. Kristina Myers Tenth Circuit 2019-11-21 Denied Response Waived civil-procedure civil-rights clearly-established-law constitutional-rights due-process excessive-force graham-factors law-enforcement police-use-of-force qualified-immunity summary-judgment use-of-force Whether there is a clearly established right not to be shot with a less than lethal beanbag projectile at close range
19-263 Cody Ross v. Johnnie Rochell, Jr. Eighth Circuit 2019-08-28 Denied 4th-amendment 8th-circuit assault-weapon civil-rights clearly-established-law constitutional-violation eighth-circuit excessive-force kisela-v-hughes law-enforcement qualified-immunity use-of-force Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, __ U.S. _, 188 S. Ct. 1148 (2018) (per curiam) and numerous other cases …
19-215 Darrel Conell Nevels v. Piggly Wiggly Corporation, et al. Alabama 2019-08-20 Denied Response WaivedRelisted (2) civil-rights clearly-established-law due-process gross-negligence interlocutory-appeal jurisdiction premises-liability qualified-immunity In qualified liability cases, whether an Appellate court has jurisdiction to hear a Rights to Due Process, Gross Negligence, and Premises Liability in…
19-5438 Jimmy Fletcher Meders v. Benjamin Ford, Warden Eleventh Circuit 2019-08-02 Denied IFP 28-usc-2254 anti-flyspecking-rule circuit-court-procedure clearly-established-law eleventh-circuit federal-court-deference federal-review habeas habeas-corpus habeas-corpus-review section-2254 standard-of-review state-court-decision state-court-deference wilson-v-sellers Whether the Eleventh Circuit's adherence to its 'no-grading-papers-anti-flyspecking-rule' is incompatible with Wilson-v-Sellers
19-155 Lenard Johnson v. Megan Winfrey Fifth Circuit 2019-08-01 Denied civil-rights clearly-established-law constitutional-rights due-process fourth-amendment franks-v-delaware immunity-analysis law-enforcement qualified-immunity When a claim is brought under Franks v. Delaware, does the Fourth Amendment alone fully define the dimensions of a law enforcement officer's qualified…
19-76 Martin Marquardt, Deputy Sheriff v. William Fletcher Ninth Circuit 2019-07-15 Denied circuit-precedent civil-rights clearly-established-law due-process excessive-force ninth-circuit pretrial-detainee qualified-immunity use-of-force Whether the use of force by a correctional officer against a pretrial detainee was reasonable
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…
18-9314 Randall Pierce v. Stuart Sherman, Warden Ninth Circuit 2019-05-16 Denied Response WaivedIFP access-to-courts civil-procedure clearly-established-law criminal-procedure due-process habeas-corpus ninth-circuit pleadings pro-se pro-se-pleadings sentencing-information standing supreme-court Was the District Court Judge's liberal construction of the pro se pleadings a denial of access to the courts?
18-1357 Randy Cummings, et al. v. Celina Bussey, et al. Tenth Circuit 2019-04-29 Denied Response Waived 42-usc-1983 clearly-established-law discretionary-function federal-court-interpretation federal-court-review ministerial-exception property-rights qualified-immunity state-law state-law-interpretation state-supreme-court-precedent statutory-interpretation Whether a federal court interpreting a state statute can conclude that it grants the state agency discretion such that the 'ministerial exception' to …
18-8977 Scott E. Schmidt v. Brian Foster, Warden Seventh Circuit 2019-04-24 Denied IFP 28-usc-2254 circuit-court-procedure clearly-established-federal-law clearly-established-law federal-habeas federal-review habeas-corpus statutory-interpretation summary-reversal supreme-court-review unreasonable-application wilson-v-sellers Whether this Court should summarily reverse or, at a minimum, grant certiorari, vacate, and remand in light of Wilson v. Sellers
18-1326 Justin Shultz, et al. v. Jason Cole Third Circuit 2019-04-19 Denied Response Waived civil-rights clearly-established-law due-process first-amendment individual-assessment law-enforcement legal-standard police-conduct qualified-immunity retaliation summary-judgment When multiple police officers seek qualified immunity on a summary judgment motion, their entitlement to qualified immunity should be evaluated indivi…
18-8434 Leif Halvorsen v. DeEdra Hart, Warden Sixth Circuit 2019-03-14 Denied IFP amendment-of-habeas-petition clearly-established-law darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct white-v-woodall Whether the Sixth Circuit's ruling that a lack of Supreme Court case law dealing with a specific type of improper prosecution closing argument means n…
18-8283 Terry A. Burlison v. Pam Angus, Individually and in Her Official Capacity as a Marion County, Florida Court Deputy Clerk Eleventh Circuit 2019-03-05 Denied IFP 42-usc-1983 absolute-immunity civil-rights clearly-established-law due-process immunity official-liability pre-seizure-conduct property-loss property-rights section-1983 seizure Whether a public official is protected by absolute immunity under 42 U.S.C. 1983 when their pre-seizure conduct violates clearly established law and c…
18-7157 Cody Wayne Mayfield v. Jimmy Martin, Warden Tenth Circuit 2018-12-20 Denied IFP clearly-established-law deferential-review due-process estelle-v-mcguire federal-claim federal-law habeas-corpus standard-of-review state-court state-court-adjudication supreme-court-precedent unreasonable-application Whether deferential treatment is given when a state court's adjudication of a federal claim is not merely unreasonable, but too involved an incorrect …
18-695 Christopher Chung, et al. v. Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, et al. Ninth Circuit 2018-11-27 Denied Amici (1) civil-rights clearly-established-law community-caretaking due-process excessive-force law-enforcement ninth-circuit qualified-immunity reasonableness use-of-force Whether the Ninth Circuit erred in denying the officers qualified immunity
18-6845 Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-11-27 Denied Response RequestedResponse WaivedRelisted (2)IFP clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity Whether the habeas statute can be reinterpreted to allow application of a later Supreme Court decision to deny relief that would otherwise obtain base…
18-6492 Pascual Rentas v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-10-29 Denied Response WaivedIFP certificate-of-appealability clearly-established-law due-process eleventh-circuit giglio giglio-standard habeas-corpus habeas-petition ineffective-assistance-of-counsel standard-of-review strickland strickland-standard supreme-court-law supreme-court-precedent Should the denial of Mr. Rentas' COA be reversed and reconsidered due to the recent ruling by this Court in Marion Wilson v. Eric Sellers, Warden 584 …
18-110 Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV Eighth Circuit 2018-07-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 8th-circuit anderson-v-liberty-lobby civil-rights clearly-established-law excessive-force fourth-amendment interlocutory-appeal johnson-v-jones mitchell-v-forsyth qualified-immunity summary-judgment use-of-force Whether qualified immunity should be denied where the underlying evidentiary fact is undisputed but different inferences may be drawn from it