| 25-337 |
City of Huntington Beach, California, et al. v. Gavin Newsom, Governor of California, et al. |
Ninth Circuit |
2025-09-23 |
Pending |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
constitutional-structure first-amendment government-powers local-government official-capacity state-law |
Whether the Constitution categorically denies a local government any capacity to invoke it against its State, without first determining its status wit… |
| 25-5487 |
Joseph W. Wade v. Walter T. Mosley, New York Secretary of State, et al. |
Second Circuit |
2025-08-27 |
Denied |
Response WaivedRelisted (2)IFP |
article-iii-standing compensatory-relief official-capacity race-conscious section-1983 sex-conscious |
Whether under 42 U.S.C. § 1983, Article III standing requires proof of different final outcomes or is differential treatment sufficient for state offi… |
| 25-122 |
David Alan Carmichael, et al. v. Marco Rubio, Secretary of State, et al. |
District of Columbia |
2025-07-31 |
Denied |
Response Waived |
damages-liability due-process free-exercise official-capacity religious-freedom right-to-travel |
Does the 'appropriate relief' of the Religious Freedom Restoration Act allow for damages liability or nominal damages against the United States for br… |
| 24-5654 |
Vincent L. Hepburn v. United States |
Tenth Circuit |
2024-09-27 |
Denied |
Response WaivedIFP |
damages-claim establishment-clause federal-tort-claims-act first-amendment official-capacity religious-freedom |
Whether federal employees can be held liable under the Federal Tort Claims Act for alleged Establishment Clause violations related to religious promot… |
| 23-1302 |
Kevin Hardaway v. Dwight Hamilton, et al. |
Eleventh Circuit |
2024-06-13 |
Denied |
|
42-usc-1983 eighth-amendment eighth-amendment-rights eleventh-amendment-immunity monell-claim monell-v-department-of-social-services official-capacity section-1983 use-of-force |
Whether existing Eleventh Circuit precedent of Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003), holding that a Georgia sheriff is an 'arm of the state'… |
| 23-1070 |
In Re Palani Karupaiyan |
|
2024-04-01 |
Denied |
Response Waived |
administrative-law administrative-procedure civil-procedure civil-rights due-process government-liability jurisdictional-challenge mandamus multi-party-litigation official-capacity standing writ-of-prohibition |
Whether the petitioners' requested writs of mandamus, prohibition, or alternative relief were properly denied by the lower courts |
| 23-5816 |
Henry Jo Ward v. West Virginia |
West Virginia |
2023-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity |
Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused? |
| 22-178 |
Robert R. Cushing, Individually and in His Capacity as the Minority Leader of the New Hampshire House of Representatives, et al. v. Sherman Packard, Speaker of the House of the New Hampshire House of Representatives |
First Circuit |
2022-08-29 |
Denied |
Response Waived |
ada circuit-split civil-rights legislative-immunity official-capacity rehabilitation-act |
Whether state legislators are immune from complying with Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act |
| 21-1138 |
Sherry Treppa, et al. v. George Hengle, et al. |
Fourth Circuit |
2022-02-16 |
Dismissed |
|
arbitration-agreement arbitration-clause choice-of-law delegation-clause official-capacity sovereign-immunity state-law tribal-government tribal-officials |
Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a 'delegation clause) based on the court's inter… |
| 21-5417 |
Alfred E. Caraffa v. Tempe Police Department, et al. |
Ninth Circuit |
2021-08-20 |
Denied |
IFP |
civil-rights due-process official-capacity pleading-standards qualified-immunity standing |
Whether the district court erred in dismissing the plaintiff's civil rights claims against the defendants |
| 20-7848 |
Astarte Davis v. Joseph Wilson, Individually and in His Official Capacity as Judge, Superior Court of California, Marin County, et al. |
Ninth Circuit |
2021-04-26 |
Denied |
IFP |
5th-amendment civil-rights color-of-law constitutional-rights due-process extrinsic-fraud individual-capacity judicial-jurisdiction non-judicial-acts official-capacity |
Is non-judicial acts by judges and clerk in their official capacity under color of law, and in their individual capacity for non-judicial acts subject… |
| 20-7760 |
John Worthington v. Office of National Drug Control Policy, et al. |
District of Columbia |
2021-04-14 |
Denied |
Response WaivedIFP |
administrative-procedure-act agency-action civil-procedure docket-management final-agency-action level-playing-field local-rule-7b official-capacity summons-and-complaint tort-claim tort-claims trial-court-arguments |
Whether the trial court erred by failing to apply local rule 7(b) |
| 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? |
| 20-84 |
Teresita A. Canuto v. Troy Alexander, et al. |
District of Columbia |
2020-07-28 |
Denied |
Response Waived |
acting-official civil-procedure due-process foreign-sovereign-immunities foreign-sovereign-immunities-act immunity-doctrine individual-liability jurisdictional-challenge official-capacity standing statutory-interpretation |
Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act extends to an individual for acts taken in the individual's fo… |
| 19-1122 |
Hong Tang v. University of Baltimore, et al. |
Fourth Circuit |
2020-03-13 |
Denied |
|
civil-procedure civil-rights declaratory-injunctive-relief declaratory-relief due-process eleventh-amendment ex-parte-young jurisdictional-grounds official-capacity pro-se-litigant service-of-process sovereign-immunity standing |
Whether the lower courts should have liberally construed the pro se litigant's claims |
| 19-971 |
Angela James, et al. v. JW Gaming Development, LLC, a California Limited Liability Company |
Ninth Circuit |
2020-02-03 |
Denied |
Response Waived |
civil-rights congress federal-courts individual-liability legal-standing official-capacity sovereign-immunity state-courts tribal-governance tribal-sovereignty |
Whether an Indian tribe's governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capaci… |
| 19-736 |
Andrew Clarke v. Russell R. McMurray, Commissioner, Georgia Department of Transportation |
Eleventh Circuit |
2019-12-10 |
Denied |
Response Waived |
civil-procedure civil-rights civil-suit due-process government-official individual-capacity legal-standing official-capacity pleading-defect sovereign-immunity standing state-immunity |
Whether the named defendant, Russell R. McMurry, can be sued in his individual capacity or if this suit is equivalent to suing the State of Georgia |
| 18A1228 |
Kalev Mutond, et al. v. Darryl Lewis |
District of Columbia |
2019-05-29 |
Presumed Complete |
|
diplomatic-immunity foreign-official-immunity human-rights individual-capacity official-capacity torture-victim-protection-act |
Whether the Torture Victim Protection Act abrogates common-law foreign-official immunity for high-ranking government officials sued for alleged human … |
| 18-1056 |
Mitzi Johanknecht, Sheriff, King County, Washington v. Eva Moore, et al. |
Ninth Circuit |
2019-02-12 |
Denied |
|
civil-procedure civil-rights due-process eleventh-amendment ex-parte-young monell municipal-liability official-capacity prospective-relief section-1983 separation-of-powers standing state-court-orders |
Whether Ex parte Young establishes a novel and unprecedented judge-made cause of action, separate from § 1983, that can be used through an official ca… |
| 18-544 |
Teresita A. Canuto v. Department of Defense, et al. |
District of Columbia |
2018-10-25 |
Denied |
Response Waived |
28-usc-1604 28-usc-1605 acting-official foreign-sovereign-immunities foreign-sovereign-immunities-act foreign-sovereign-immunity foreign-state government-liability individual-capacity individual-liability official-capacity service-of-process sovereign-immunity state-immunity statutory-interpretation subject-matter-jurisdiction |
Whether a foreign state's immunity from suit under the Foreign Sovereign Immunities Act extends to an individual for acts taken in the individual's fo… |
| 18-10 |
Stephen J. Anderson, et ux. v. Gary L. Rainsdon, Chapter 7 Trustee |
Ninth Circuit |
2018-07-02 |
Denied |
|
appeal-time-limits appeals bankruptcy-procedure bankruptcy-trustee chapter-7-bankruptcy civil-procedure federal-jurisdiction federal-rules-of-appellate-procedure official-capacity standing statutory-interpretation time-to-appeal united-states-officer |
Whether a Chapter 7 bankruptcy trustee is a 'United States officer or employee sued in an official capacity' for the purposes of Fed. R. App. 4(a)(1)(… |