| 25-5826 |
Dover Davis, Jr. v. Officer Aaron Swann |
Eleventh Circuit |
2025-10-08 |
Denied |
Relisted (2)IFP |
circuit-court-conflict fourth-amendment malicious-prosecution material-facts section-1983 statute-of-limitations |
Whether there was a conflict between the Eleventh Circuit Court of Appeals and the Northern District Court of Georgia regarding the statute of limitat… |
| 25-5265 |
Jessica M. Graulau Maldonado v. Orange County Public Library System |
Florida |
2025-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
due-process fourteenth-amendment material-facts negligence-tort summary-judgment witness-credibility |
Whether the trial court's application of federal summary judgment standard violates due process rights under the Fourteenth Amendment by improperly de… |
| 24-6660 |
Xiaorong Lan v. University of Texas at San Antonio |
Fifth Circuit |
2025-02-27 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure credibility-of-evidence material-facts standard-of-review summary-judgment |
Whether summary judgment should be granted when genuine issues of material fact exist and evidence credibility is questioned |
| 24-648 |
Officer Layau Eulizier v. Jose Vega-Colon, Individually and as Administrator of the Estate of Anthony Vega-Cruz, et al. |
Second Circuit |
2024-12-16 |
Denied |
Response Waived |
appellate-review constitutional-violation law-enforcement material-facts objectively-reasonable-officer qualified-immunity |
Whether a court can deny qualified immunity when no material disputed facts exist and prior Supreme Court and Circuit Court decisions found no constit… |
| 24-5709 |
Gregory Bartunek v. United States |
Eighth Circuit |
2024-10-07 |
Denied |
Response WaivedIFP |
evidentiary-hearing habeas-corpus material-facts procedural-relief rule-60b section-2255 |
Whether unresolved factual issues in a § 2255 motion warrant an evidentiary hearing and potential habeas relief |
| 23-1198 |
Harisadhan Patra, et ux. v. Pennsylvania State System of Higher Education, et al. |
Third Circuit |
2024-05-07 |
Denied |
Response Waived |
civil-procedure first-amendment frcp-56 independent-review local-rules material-facts religious-harassment statement-of-material-facts summary-judgment supreme-court-precedents workplace-discrimination |
Do the United States Court of Appeals have obligations to enforce FRCP 56 and the Supreme Court's precedents when Statement of Material Facts and supp… |
| 23-394 |
Thurayyah Z. Richardson v. The Procter and Gamble Company, et al. |
New York |
2023-10-13 |
Denied |
|
abuse-of-discretion appellate-review civil-procedure constitutional-rights due-process fifth-amendment fourteenth-amendment judicial-discretion material-facts summary-judgment |
Where a trial court resolving summary judgment denies due process |
| 23-331 |
James Doe v. Gladys Pisani, et al. |
Second Circuit |
2023-09-29 |
Denied |
|
abuse-of-discretion disputed-facts interlocutory-appeal jury-trial material-facts probable-cause qualified-immunity summary-judgment |
Whether the Court of Appeals erred in concluding that 'arguable probable cause' can support a claim for qualified-immunity,summary-judgment,interlocut… |
| 23-5218 |
In Re Jerome Curry |
|
2023-07-26 |
Denied |
Relisted (2)IFP |
civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver |
Does the law require that due to the Respondent's non-response to Summary Judgment and failure to present before the Court a genuine issue of material… |
| 23-54 |
Robert Mark Scott v. Forcht Bank, N.A. |
Kentucky |
2023-07-21 |
Denied |
Response WaivedRelisted (3) |
circuit-court civil-procedure detrimental-reliance false-testimony loan-officer material-facts material-issues-of-fact promissory-estoppel reliance summary-judgment |
Whether Summary Judgment is proper where material issues of fact exist? |
| 22-568 |
Jeffrey A. Cochran v. The Penn Mutual Life Insurance Company, et al. |
Eleventh Circuit |
2022-12-20 |
Denied |
Response Waived |
artful-pleading circuit-split class-action federal-preemption material-fact material-facts misrepresentation securities-litigation securities-litigation-uniform-standards-act securities-regulation slusa |
Whether SLUSA bars a state-law class action 'alleging a misrepresentation or omission of a material fact' when the complaint contains no such allegati… |
| 22-457 |
Peter Whyte v. Dan Winkleski, Warden |
Seventh Circuit |
2022-11-15 |
Denied |
Response Waived |
constitutional-claim federal-constitution federal-law habeas-corpus material-facts plain-statement state-pleading-standard state-procedural-rule |
Whether a state court's dismissal of a habeas petitioner's claim under the U.S. Constitution for failure to plead sufficient 'material facts' under a … |
| 22-147 |
Reshawn Armstrong v. Merrick B. Garland, Attorney General |
Eleventh Circuit |
2022-08-16 |
Denied |
Response Waived |
employment-discrimination ex-parte-communication federal-rules-of-civil-procedure material-facts prima-facie-case protected-class similar-situated summary-judgment supervisor-liability |
Whether a Judge committed ex parte communication |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
Did the court err in considering the argument that the separate interrogatory is an issue of material fact and that the jury had no knowledge of infor… |
| 21-6856 |
Darrell Wayne Butler v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
anderson-v-liberty-lobby civil-procedure civil-rights constitutional-rights due-process excessive-force material-facts prison-officials summary-judgment |
Whether the court erred in granting summary judgment to the officials on the ground that there was a genuine dispute of material fact concerning wheth… |
| 21-6033 |
Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-20 |
Rehearing |
Response WaivedRelisted (2)IFP |
4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony |
Was petitioner subjected to Double Jeopardy? |
| 21-434 |
Mary E. Canning v. Creighton University |
Eighth Circuit |
2021-09-21 |
Denied |
|
circuit-split civil-procedure civil-rights discrimination eighth-circuit jury-consideration material-fact material-facts retaliation standard-of-review summary-judgment |
Whether the Eighth Circuit improperly borrowed part of the standard in FRCP 50 to review a summary judgment under FRCP 56 |
| 21-149 |
Rodolfo Rivera, Jr. v. John Granillo |
Tenth Circuit |
2021-08-03 |
Denied |
Response Waived |
civil-rights court-of-appeals due-process judicial-proceedings legal-standard material-facts probable-cause qualified-immunity |
Whether the lower court has departed from the accepted and usual course of judicial proceedings, misrepresenting and ignoring material facts of the ca… |
| 20-1707 |
Katherine Jacobs v. Johnson Storage & Moving Co. Holdings, LLC |
Eighth Circuit |
2021-06-10 |
Denied |
Response Waived |
administrative-errors civil-procedure due-process evidence flsa-violations fraud material-facts overtime-approval perjury summary-judgment |
Whether the district court upheld FRCP Rule 56, Rule 60(b) and summary judgment standards |
| 20-1690 |
Ramon Cortesluna v. Daniel Rivas-Villegas, et al. |
Ninth Circuit |
2021-06-07 |
Denied |
Response WaivedRelisted (3) |
civil-rights due-process excessive-force graham-factors material-facts police-shooting qualified-immunity scott-v-harris summary-judgment tolan-v-cotton video-evidence |
Did the Ninth Circuit depart from longstanding procedure and precedent and fail to view video and other evidence in the light most favorable to the pl… |
| 20-7927 |
Daryl DeWayne Riggins v. DeAnn Morris, et al. |
Eleventh Circuit |
2021-05-05 |
Denied |
IFP |
admissions civil-procedure contract-interpretation denials exhibits federal-review federal-rules-of-civil-procedure material-facts pleadings state-court-jurisdiction |
Whether a party's responsive pleading must admit or deny the statement(s) in the other party's pleading, such as whether a copy of the parties' contra… |
| 20-5591 |
Joseph G. Edwards v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Nebraska |
2020-09-03 |
Denied |
Response WaivedIFP |
competency compulsory-process constitutional-rights due-process equal-protection material-facts nebraska-supreme-court precedential-authority sexual-assault vulnerable-adult |
Did the Nebraska Supreme Court omit material facts and circumvent the petitioner's due process and equal protection rights? |
| 19-8734 |
In Re Ren Y. Deng |
|
2020-06-17 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure district-court genuine-issue jurisdictional-review material-fact material-facts procedural-rule procedural-rules standard-of-review summary-judgment |
Did the district court deviation from procedural rule while there was overwhelming genuine issue of material fact disputed in the record granting the … |
| 19-8383 |
Luis A. Soro v. Pedro Lopez |
Florida |
2020-05-01 |
Dismissed |
Relisted (2)IFP |
appellate-procedure civil-procedure due-process judicial-review material-facts notice notice-requirement property standing summary-judgment trial-court-discretion |
Whether the trial court erred in granting summary judgment without providing the appellant the required 10-day notice |
| 19-7855 |
Jeremy T. Walker v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure district-court-discretion federal-jurisdiction firearm-possession material-facts obstruction offense-level-enhancement sentencing-enhancement sentencing-guidelines serial-number serial-number-obliteration |
Whether the district court erred at sentencing by increasing Mr. Walker's Sentencing Guidelines offense level for possessing a gun with an obliterated… |
| 19-7511 |
Frank Deville, et ux. v. Court of Appeal of California, Second Appellate District, et al. |
California |
2020-01-31 |
Denied |
IFP |
civil-procedure concealing-material-facts conflict-of-law constitutional-rights due-process federal-law fraud-particularity hearsay-evidence judicial-procedure legal-standards liberal-amendment material-facts standing |
What is the liberal ability to amend a complaint? |
| 19-6285 |
Linh Thi Minh Tran v. Stan the Hot Water Man |
Oregon |
2019-10-17 |
Dismissed |
IFP |
civil-procedure employer-liability intentional-torts material-fact material-facts property-damage respondeat-superior scope-of-employment summary-judgment tortious-conduct |
Did the trial court err in granting summary judgment when there were disputed issues of material fact? |
| 19-486 |
Donnett M. Taffe, Personal Representative of the Estate of Steven Jerold Thompson, Deceased v. Gerald E. Wengert, et al. |
Eleventh Circuit |
2019-10-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
appellate-jurisdiction appellate-review civil-rights due-process federal-claims findings-of-fact interlocutory-appeal interlocutory-ruling material-facts pendent-jurisdiction qualified-immunity qualified-immunity,civil-rights,civil-procedure,ap standard-of-review summary-judgment |
Whether an appellate court may review disputed material facts and substitute its own findings when deciding qualified immunity |
| 19-326 |
Melinda Mitchell, et al. v. City of New York, et al. |
Second Circuit |
2019-09-10 |
Denied |
Response Waived |
civil-rights fourth-amendment malice material-facts objective-reasonableness perjury police-misconduct qualified-immunity trespass wrongful-seizure |
Did the Second Circuit err in applying District of Columbia v. Wesby to grant qualified immunity to the police defendants who arrested the plaintiff p… |
| 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… |
| 19-5155 |
William M. Russell v. KS Ventures, LLC |
Montana |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights court-procedure due-process genuine-issues judicial-review legal-standard material-fact material-facts standing summary-judgment |
Did the findings of the lower courts result in a violation of certain rights of due process? |
| 18-9706 |
Scott Peters v. Illinois |
Illinois |
2019-06-19 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-rights due-process evidence-concealment evidence-disclosure fair-trial judicial-access judicial-procedure mandamus material-facts rules-and-regulations standing state-procedure transparency |
Whether the state violated the Constitution and deprived petitioner of due process rights by concealing exculpatory evidence and witness statements fr… |
| 18-1355 |
Edward Kramer v. Antonio Vitti, et al. |
Second Circuit |
2019-04-29 |
Denied |
|
42-usc-1983 4th-amendment appellate-review civil-procedure civil-rights constitutional-rights factual-dispute jury-trial malicious-prosecution material-dispute material-facts seventh-amendment summary-judgment |
Whether the Petitioner's Seventh Amendment right to a jury determination of the material disputed facts in his case was violated when the Court of App… |
| 18-8698 |
Marcel A. Walton v. United States |
Seventh Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
clear-error clear-error-analysis criminal-procedure due-process false-and-misleading government-assertions material-facts non-record-facts sentencing |
Can a sentencing court rely upon government assertions concerning material, non-record facts? |
| 18-1204 |
Terry Haynie v. United Airlines, Inc. |
Fourth Circuit |
2019-03-15 |
Denied |
Response Waived |
discrete incident instead of an ongoing pattern o civil-rights constructive-discharge employment-discrimination hostile-work-environment material-facts national-railroad-passenger-corp-v-morgan retaliation statute-of-limitations summary-judgment |
Whether the court below erroneously applied Nat'l R.R. Passenger Corp. v. Morgan when it considered each incident of harassment as a single, discrete … |
| 18-1187 |
Mitchell Miorelli, et al. v. Royal Caribbean Cruise Lines, Ltd. |
Eleventh Circuit |
2019-03-14 |
Denied |
|
admiralty-jurisdiction civil-procedure discovery discovery-limitations discovery-rules disputed-facts due-process equitable-tolling maritime-law material-fact material-facts motion-to-dismiss pre-answer-dismissal summary-judgment |
Whether summary judgment was proper where the respondent Royal Caribbean Cruise Line, LTD. moved to dismiss before filing an answer, no discovery had … |
| 18-6613 |
Hector R. DeJesus v. Salvador A. Godinez, et al. |
Seventh Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
admissible-evidence civil-procedure declaration evidence judgment-as-matter-of-law material-fact material-facts motion perjury summary-judgment sworn-declaration |
Did the defendants show there were no material issues in dispute and that they were entitled to judgment as a matter of law? |
| 18-513 |
Lee Mulcahy v. Aspen Pitkin County Housing Authority |
Colorado |
2018-10-22 |
Denied |
|
administrative-procedure administrative-procedure-act class-of-one due-process equal-protection exhaustion-doctrine material-facts property-rights |
Can a governmental agency initiating litigation be relieved of its obligation to prove the elements of its claim against a 'class of one', even when t… |
| 18-176 |
Conestoga Trust Services, LLC, as Trustee of the Conestoga Settlement Trust, dated May 1, 2010 v. Sun Life Assurance Company of Canada |
Sixth Circuit |
2018-08-09 |
Denied |
|
civil-procedure direct-evidence disinterested-witness evidence judicial-discretion material-fact material-facts nonmovant reasonable-jury reasonable-jury-standard summary-judgment witness-credibility |
Whether a court may weigh and discredit direct evidence from a disinterested witness that would prove a material fact, under the guise of applying the… |
| 18-5315 |
Marsha Chambers v. Green Tree Servicing, L.L.C., et al. |
Fifth Circuit |
2018-07-23 |
Denied |
Response WaivedIFP |
7th-amendment anderson-v-liberty-lobby appellate-review civil-procedure constitutional-rights due-process fifth-circuit-court judicial-precedent material-facts seventh-amendment summary-judgment |
Whether the lower courts properly applied the summary judgment standard set forth in Anderson v. Liberty Lobby |