qualified-immunity

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-960 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2026-02-13 Pending corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity 1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg…
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, as this Court…
25-933 Daniel N. Arbeeny, as the Administrator for the Estate of Norman Arbeeny, et al. v. Andrew M. Cuomo, former Governor of New York, et al. Second Circuit 2026-02-06 Pending administrative-law constitutional-rights covid-directive nursing-home-deaths qualified-immunity state-actors 1. How could the Second Circuit have reasonably concluded that the State Respondents Governor Cuomo and Ms. DeRosa, his Chief of Staff, could not have…
25A859 Ulysses Lee Feagin v. Mansfield Police Department, et al. Sixth Circuit 2026-01-30 Application excessive-force party-presentation qualified-immunity sixth-circuit summary-judgment taser-use Question not identified.
25-6625 Roman V. Serpik v. Jill Weedon, former Judge, Second Judicial District Court of Oklahoma, et al. Tenth Circuit 2026-01-20 Pending IFP access-to-courts due-process judicial-bias jurisdictional-threshold qualified-immunity sovereign-citizen 1. Did the Tenth Circuit Court of Appeals err by failing to address threshold State v. 'Roman Serpik LLC CROMAN SERPIK "), Beckham County Okla. Distri…
25-859 Chelesy Eastep, as Surviving Spouse and Next of Kin of Landon Dwayne Eastep v. Steven Carrick, et al. Sixth Circuit 2026-01-20 Pending Response Waived deadly-force excessive-force fourth-amendment graham-v-connor qualified-immunity reasonableness-standard 1. Whether or how police officers' own creation of, or contribution to, a dangerous situation prior to the use of deadly force factors into the Fourth…
25-838 Joseph Heid v. Mark Rutkoski, et al. Eleventh Circuit 2026-01-15 Pending brady-violation civil-rights evidence-suppression excessive-force franks-challenge qualified-immunity 1. Whether Petitioner Heid's two grounds for challenging the arresting officers' defense of qualified immunity defense constitute a valid "Franks chal…
25-826 Lesly Pompy v. Lieutenant Marc Moore, MANTIS, et al. Sixth Circuit 2026-01-13 Pending Response Waived bivens-action constitutional-tort fourth-amendment home-entry qualified-immunity warrantless-search 1. Bivens and the Fourth Amendment— Whether a warrantless, post-warrant home entry—conducted hours after the original warrant was executed and without…
25A769 Jeffrey L. Clemens v. W. Michael Stewart, et al. First Circuit 2026-01-05 Application civil-rights clerk-magistrate harm-to-party nondiscretionary-actions qualified-immunity section-1983 Question not identified.
25-760 Hamdi A. Mohamud v. Heather Weyker, St. Paul Police Officer Eighth Circuit 2025-12-29 Pending Amici (2)Response Waived bivens-action cross-deputization fourth-amendment law-enforcement qualified-immunity section-1983 state-action state-action-doctrine 1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983. 2. If no…
25-738 Nick Kosmalski v. Sherrell King Sixth Circuit 2025-12-22 Denied Response Waived excessive-force fourth-amendment handcuffing qualified-immunity reasonableness-standard traffic-stop Whether the Sixth Circuit's three-factor tight handcuffing test, a brightline rule as stated and as applied in this case to deny qualified immunity, f…
25A696 Samantha Lee-Ann Sealey v. Arturo Mancias, et al. Fifth Circuit 2025-12-15 Application bodyworn-camera excessive-force fourth-amendment qualified-immunity seizure use-of-force Whether the use of force against a handcuffed arrestee during a foot chase constitutes an objectively unreasonable seizure in violation of the Fourth …
25-688 Veronica W. Ogunsula v. Michael Warrenfeltz Fourth Circuit 2025-12-12 Pending law-enforcement pro-se-litigation probable-cause qualified-immunity reasonable-suspicion traffic-violation 1. Does a police officer observing an undisputed legal act(s) or something that is not illegal, without more, provide probable cause or a reasonable i…
25-6325 Steven R. DeWitt v. Ceressa Haney, et al. Eleventh Circuit 2025-12-09 Denied Response WaivedIFP 42-U.S.C.-§-1983 clearly-established-right constitutional-rights first-amendment government-official-recording qualified-immunity 1. Should the Court abolish or substantially reform qualified immunity? 2. If qualified immunity survives, what constitutes a clearly established rig…
25A677 Evan Norman v. Lee Ingle, et al. Fifth Circuit 2025-12-09 Application appellate-review excessive-force qualified-immunity scott-v-harris summary-judgment video-evidence Whether appellate courts may review the genuineness of factual disputes in qualified immunity appeals based solely on video evidence, or only when the…
25-662 Erika Mabes, Individually and on Behalf of L. M., J. R. M., and J. A. M., Minor Children, et al. v. Shannon Thompson, et al. Seventh Circuit 2025-12-08 Pending Response WaivedRelisted (2) child-protection civil-rights constitutional-violation investigative-errors qualified-immunity section-1983 This section 1983 civil rights case arises from the devastating consequences of medical and investigative errors in a child protection proceeding. Aft…
25A661 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2025-12-04 Application communicable-disease covid-19 deliberate-indifference eighth-amendment prison-conditions qualified-immunity Whether the Eighth Amendment prohibits state prison officials from exposing inmates to heightened risks of serious communicable diseases during a pand…
25-637 Mark Hanneman, Minneapolis Police Officer, et al. v. Karen Wells, as Co-Trustee for the Next of Kin of Amir Rahkare Locke, et al. Eighth Circuit 2025-12-03 Denied Amici (2)Response Waived appellate-jurisdiction deadly-force fourth-amendment no-knock-warrant qualified-immunity use-of-force 1. When the Respondents' own factual allegations, the facts assumed by the courts, and the undisputedly authentic video footage, show the officer was …
25-623 Ronald Smith v. Bexar County, Texas, et al. Fifth Circuit 2025-12-02 Pending community-caretaking constitutional-seizure fourth-amendment law-enforcement mental-health-detention qualified-immunity Under the 4th Amendment, a warrantless emergency mental health detention constitutes a physical seizure. Police often misconstrue ordinary street enco…
25A618 Antonio M. Smith v. John Kind, et al. Seventh Circuit 2025-11-25 Application constitutional-violation deliberate-indifference eighth-amendment excessive-force prison-conditions qualified-immunity Whether the Eighth Amendment precludes qualified immunity for corrections officers who deliberately subject a prisoner to extreme cold conditions with…
25-604 Drew Craig, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-24 Pending Response RequestedResponse Waived civil-rights de-novo-review excessive-force fourth-amendment law-enforcement qualified-immunity This case involves an attempt by several law enforcement officers to detain and arrest Respondents' decedent Jeffery Krueger on July 1, 2019. On that …
25-6224 Latoya K. Benton, Administrator of the Estate of Xzavier D. Hill, Deceased v. Seth W. Layton, Individually and in His Official Capacity as a State Trooper for the State of Virginia, et al. Fourth Circuit 2025-11-24 Denied Response WaivedIFP excessive-force fourth-amendment police-conduct qualified-immunity racial-bias summary-judgment 1. Whether the Fourth Amendment requires courts to apply a holistic, totality-of-the-circumstances analysis to excessive force claims, including all p…
25-594 Elizabeth Crockett, et al. v. John Krueger, Individually and as Co-Administrator of the Estate of Jeffery Krueger, et al. Tenth Circuit 2025-11-21 Pending Response RequestedResponse Waived clearly-established-right excessive-force fourth-amendment law-enforcement qualified-immunity reasonable-officer On the evening of July 1, 2019, Wagoner County Lieutenant Elizabeth Crockett and Deputy Matthew Lott responded to a call from deputies requesting assi…
25-572 James Stuart Faller, II v. Department of Justice, et al. Sixth Circuit 2025-11-13 Denied Response Waived absolute-immunity due-process equal-protection judicial-bias pro-se-litigant qualified-immunity 1. Whether persistent and categorical judicial bias and procedural disregard toward pro se litigants, resulting in dismissal despite detailed factual …
25-564 Scott Meyer v. Gayla Rahn, et al. Eighth Circuit 2025-11-12 Denied Response Waived constitutional-rights due-process judicial-discretion qualified-immunity second-amendment sovereign-immunity 1. Whether the grant of the motion to dismiss was an abuse of discretion, not based upon the undisputed facts presented, and supported by only the e…
25-6032 Thomas E. Nidiffer, et al. v. Officer David Lovato, et al. Tenth Circuit 2025-11-05 Denied IFP curtilage fourth-amendment knock-and-talk law-enforcement qualified-immunity warrant 1. Whether a locked gate surrounding the curtilage of a home clearly revokes the implied social license for law enforcement officers to enter the pro…
25-538 City of Los Angeles, California, et al. v. Estate of Daniel Hernandez, By and Through Successors in Interest, Manuel Hernandez, Maria Hernandez, and M. L. H., et al. Ninth Circuit 2025-11-03 Pending Amici (1)Response RequestedResponse Waived body-camera excessive-force fourth-amendment moment-of-threat police-shooting qualified-immunity This case arises from a split-second police encounter in which an officer fired six shots in six seconds at a suspect armed with a knife who appeared …
25-532 Diana Snow, et al. v. Dennis Wiertella, as Father and Administrator of the Estate of Randy Wiertella, Deceased Sixth Circuit 2025-10-31 Pending constitutional-rights deliberate-indifference medical-care prison-liability qualified-immunity subjective-awareness 1. Did the Sixth Circuit depart from this Court's decision in Farmer v. Brennan, 511 U.S. 825 (1994) in denying qualified immunity to Petitioners, des…
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 1. Second-volley rule. When an officer shoots a suspect once in the chest, steps back for cover to reload, six to eight seconds pass, and the suspect …
25-427 Walid Abdelaziz, in His Individual Capacity as a Police Officer for the City of Oakland, California, et al. v. Estate of Decedent Lolomania Soakai, et al. Ninth Circuit 2025-10-08 Pending Amici (1)Response RequestedRelisted (2) due-process fourteenth-amendment police-liability qualified-immunity state-created-danger substantive-due-process 1. Whether bystanders injured when a fleeing criminal suspect lost control of his car and crashed into them have a Fourteenth Amendment substantive du…
25A401 Steven R. DeWitt v. Ceressa Haney, et al. Eleventh Circuit 2025-10-07 Application constitutional-rights first-amendment government-office public-officials qualified-immunity recording-rights Whether the First Amendment protects the right to record public officials in a government office without prior permission and whether qualified immuni…
25-403 Kenneth D. Anderson, et al. v. Crystal Estrada, Deputy, et al. Fifth Circuit 2025-10-03 Denied Response Waived constitutional-violation excessive-force fifth-circuit graham-factors qualified-immunity rule-12b6 The Fourth Amendment requires courts to evaluate excessive force claims based on the totality of the circumstances by sloshing through a "factbound mo…
25-378 Donald Olsen v. Aaron Salter Sixth Circuit 2025-09-30 Pending Amici (1) brady-violation exculpatory-evidence fair-trial-rights identification-procedure qualified-immunity section-1983 Is a police officer liable under 42 U.S.C. § 1983 for nondisclosure of material exculpatory evidence and for violating fair trial rights through sugge…
25-297 Jacob P. Zorn v. Shela M. Linton Second Circuit 2025-09-15 Pending Response RequestedResponse WaivedRelisted (7) civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity specificity Whether the Second Circuit's qualified immunity analysis conflicts with this Court's repeated instruction that courts must define rights with specific…
25A295 Lesly Pompy v. Lt. Marc Moore, MANTIS, et al. Sixth Circuit 2025-09-15 Application bivens-remedy fourth-amendment joint-task-force qualified-immunity warrantless-search westfall-act Whether a Bivens remedy remains available for warrantless searches and seizures of property by federal officers in joint task-force operations when al…
25A292 Larce Spikes v. Lesley Wheat, et al. Fifth Circuit 2025-09-12 Presumed Complete constitutional-minimum deliberate-indifference eighth-amendment medical-care prisoner-rights qualified-immunity Whether the Eighth Amendment requires a substantive inquiry into the adequacy of medical treatment provided to prisoners, or if the mere provision of …
25-277 Aden Rusfeldt v. Officer Cristian Morar, et al. Third Circuit 2025-09-10 Denied Response Waived fighting-words first-amendment free-speech heckler's-veto public-forum qualified-immunity Under the First Amendment, does Snyder v. Phelps hold that fighting words are not shown by hurtful and personally directed speech within a traditional…
25-267 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-09-09 Denied Amici (2) constitutional-rights excessive-force law-enforcement qualified-immunity reasonableness-standard summary-judgment Whether an officer's mistake of fact in using excessive force is a legal or factual question for determining reasonableness at summary judgment, and w…
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…
25-186 Alejandro Estevis v. Ignacio Cantu, et al. Fifth Circuit 2025-08-15 Denied Response Waived civil-rights excessive-force fourth-amendment police-shooting qualified-immunity use-of-force Whether Officers Ignacio Cantu and Eduardo Guajardo should be denied qualified immunity before trial for shooting six times at Alejandro Estevis while…
25-179 Officer Phillip Reinink, in His Individual and Official Capacity v. Sean Hart, et al. Sixth Circuit 2025-08-14 Pending Response RequestedResponse WaivedRelisted (3) excessive-force fourth-amendment law-enforcement qualified-immunity seizure use-of-force Whether an officer's intended level of force and mistaken use of force impacts Fourth Amendment reasonableness and qualified immunity analysis in exce…
25A119 Donald Olsen v. Aaron Salter Sixth Circuit 2025-07-29 Presumed Complete constitutional-rights due-process eyewitness-testimony law-enforcement qualified-immunity show-up-identification Whether a police officer can be held liable for a due process violation when conducting a single-photo show-up identification procedure and whether qu…
25-102 Jayne Swinford v. Officer Joshua Santos, et al. Eleventh Circuit 2025-07-25 Denied Response Waived civil-rights due-process jury-trial procedural-rules qualified-immunity seventh-amendment Whether the lower courts violated the Seventh Amendment's guarantee of a jury trial and the Fifth Amendment's Due Process Clause by dismissing Petitio…
25-71 Matthew Farney, et al. v. Michael Rose, as Personal Representative for the Estate of Bradley Rose and on Behalf of all Statutory Beneficiaries of Bradley Rose, Deceased Ninth Circuit 2025-07-21 Denied Response RequestedResponse WaivedRelisted (2) deadly-force excessive-force fourth-amendment police-encounter qualified-immunity summary-judgment Did the Ninth Circuit err in defining the qualified immunity right at issue too broadly by holding this was an 'obvious' case?
25A41 Mathew Grashorn v. Wendy Love, et al. Tenth Circuit 2025-07-10 Presumed Complete civil-rights domestic-disturbance excessive-force law-enforcement qualified-immunity use-of-force Whether a law enforcement officer is entitled to qualified immunity when responding to a domestic disturbance involving potential use of force against…
25-29 Priscilla Villarreal v. Isidro R. Alaniz, et al. Fifth Circuit 2025-07-09 Pending Amici (11)Response RequestedResponse WaivedRelisted (6) arrest-without-cause civil-rights first-amendment free-speech government-officials qualified-immunity Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they volu…
25A3 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-07-01 Presumed Complete deadly-force excessive-force fourth-amendment qualified-immunity reasonable-officer second-amendment Whether the Fourth Amendment permits an officer to use deadly force against an individual merely possessing a firearm without considering the totality…
24-1310 David Engstrom, et al. v. James W. Denby Ninth Circuit 2025-06-25 Denied Response RequestedRelisted (2) constitutional-rights excessive-force fourth-amendment property-damage qualified-immunity warrant-execution Did the Ninth Circuit err in applying the Graham v. Connor reasonableness standard for excessive force to a destruction of property claim during warra…
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 …
24-1214 Jared Cosper, in His Individual Capacity, et al. v. Perla Enriquez Baca, as Personal Representative of Amelia Baca, Deceased Tenth Circuit 2025-05-29 Denied Response RequestedResponse WaivedRelisted (2) deadly-force edged-weapon excessive-force qualified-immunity tenth-circuit use-of-force Whether the Tenth Circuit may establish a bright-line rule for an officer's use of deadly force against a suspect armed with an edged weapon, and whet…
24A1119 Curtis Levar Wells, Jr. v. Javier Fuentes, et al. Fourth Circuit 2025-05-20 Presumed Complete consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure Whether the Fourth Amendment permits warrantless searches based on purported consent when the totality of circumstances suggests the consent was not v…
24-1124 Christopher Thomas v. Tracy Pachote Ninth Circuit 2025-05-01 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) fourth-amendment officer-assistance qualified-immunity split-second-decision supreme-court-precedent use-of-force Whether an officer can use force to assist another officer under the Fourth Amendment when making a split-second decision with incomplete information,…
24-1099 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-04-22 Pending Amici (2)Response RequestedResponse WaivedRelisted (13) bodily-pressure fourth-amendment law-enforcement qualified-immunity restraint use-of-force Viewing the facts from the officers' perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressure …
24-1091 Christopher Kiely, et al. v. Sherene Fagon, Administrator of the Estate of Zoe Dowdell Second Circuit 2025-04-18 Denied Response Waived interlocutory-appeal jurisdiction qualified-immunity second-circuit trial-court undisputed-facts Whether the Second Circuit Court of Appeals erred in declining to exercise jurisdiction over Defendants' interlocutory appeal of the trial court's den…
24-1079 Geoffrey Gray, et al. v. Washington State Department of Transportation, et al. Ninth Circuit 2025-04-16 Denied Response Waived appellate-review civil-procedure ex-parte-young injunctive-relief qualified-immunity sovereign-immunity Should this Court grant certiorari to correct errors by the Court of Appeals regarding Ex Parte Young claims, complaint amendment opportunities, and c…
24-1067 John Wetzel, et al. v. Roy L. Williams Third Circuit 2025-04-09 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights death-row eighth-amendment mental-illness qualified-immunity solitary-confinement Was it clearly established for qualified immunity purposes that long-term solitary confinement for a death-row inmate with a mental illness violated t…
24-1050 Estate of Te’Juan Johnson v. Amanda Rakes, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the Minor Children G. C. and M. C. Seventh Circuit 2025-04-04 Denied Amici (1)Response RequestedRelisted (2) constitutional-rights due-process fourteenth-amendment police-duty qualified-immunity state-created-danger Whether a theory of liability under the Fourteenth Amendment based on 'state-created danger' is incompatible with the purpose of the Due Process Claus…
24-1051 Michael Nissen v. Javier Ambler, Sr., Individually and on Behalf of All Wrongful Death Beneficiaries of Javier Ambler, II, the Estate of Javier Ambler, II, and as Next Friend of J. R. A., minor child, et al. Fifth Circuit 2025-04-04 Denied Amici (2)Response Waived deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether a fact question on the 'deadliness' of force can impose a heightened deadly force standard that constrains the Fourth Amendment's objective te…
24-1047 Ethel "Laverne" McVae, Individually and on Behalf of the Estate of Marcus McVae, Deceased, et al. v. Jesse Perez Fifth Circuit 2025-04-03 Denied Response Waived deadly-force fourth-amendment law-enforcement qualified-immunity totality-of-circumstances use-of-force Whether it is clearly established under the Fourth Amendment that a law enforcement officer may not use deadly force against an unarmed, fleeing perso…
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…
24-980 William Jones, Jr., Individually and in His Official Capacity as a Police Officer for the Los Angeles Police Department v. Ymelda Elena, et al. Ninth Circuit 2025-03-12 Denied Response Waived excessive-force law-enforcement ninth-circuit qualified-immunity summary-judgment video-evidence Whether a court's obligation to view evidence in the light most favorable to the plaintiff allows ignoring undisputed clear video evidence that would …
24-919 Mike Miller v. Dillon Rock Ninth Circuit 2025-02-26 Denied Response RequestedRelisted (2) excessive-force fourth-amendment law-enforcement police-canine qualified-immunity use-of-force Whether the Ninth Circuit erred in denying qualified immunity to a police canine officer for the duration of a canine bite during an arrest of an arme…
24-887 Johnny Moats, Sheriff, Polk County, Georgia, et al. v. Stephen Jarrard Eleventh Circuit 2025-02-19 Denied first-amendment jail-ministry pickering-garcetti-framework qualified-immunity unbridled-discretion volunteer-religious-work Whether the Court's Pickering-Garcetti framework applies to a First Amendment claim by an applicant for volunteer religious work in a local jail's pro…
24-891 Warren Balogh v. Chief Al Thomas, Jr., et al. Fourth Circuit 2025-02-19 Denied Response Waived civil-rights first-amendment government-violence monell-liability qualified-immunity speech-rights Whether the First Amendment protects speech amid violence left deliberately unchecked by local government
24-886 Christopher Schurr v. Peter Lyoya, Personal Representative for the Estate of Patrick Lyoya, Deceased Sixth Circuit 2025-02-18 Denied Amici (1)Response Waived deadly-force law-enforcement pleading-stage qualified-immunity summary-judgment video-evidence Whether Scott v. Harris permits courts to resolve qualified immunity at the pleading stage based on objective video evidence that demonstrates the imp…
24-837 Anne Francisco, et al. v. Jason England, et al. Eighth Circuit 2025-02-05 Denied Response Waived corrections-staff deliberate-indifference eighth-amendment mental-health qualified-immunity suicide-watch Whether evidence of violations of suicide intervention procedures constitutes deliberate indifference under the Eighth Amendment for denying prompt me…
24-823 Benjamin Benfer v. City of Baytown, Texas, et al. Fifth Circuit 2025-02-03 Denied Response Waived circuit-split due-process excessive-force fourth-amendment police-force qualified-immunity Whether the Fourth Amendment can countenance an extended bite by a police attack dog where no adequate warning was given, and the suspect was unarmed …
24A752 Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al. Ninth Circuit 2025-01-31 Presumed Complete civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether the Ninth Circuit Court of Appeals correctly applied constitutional standards in reviewing a law enforcement use of force claim involving pote…
24A735 Latrisha Winder, as Next Friend of J. W., a Minor and as Personal Representative of the Estate of Stephen Wayne Winder, Deceased, et al. v. Joshua M. Gallardo, et al. Fifth Circuit 2025-01-27 Presumed Complete excessive-force fourth-amendment high-speed-pursuit qualified-immunity seizure use-of-force Whether a law enforcement officer's use of force during a high-speed pursuit constitutes an unreasonable seizure in violation of the Fourth Amendment
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…
24A693 Estate of Te’Juan Johnson v. Amanda Rakes, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the Minor Children G. C. and M. C. Seventh Circuit 2025-01-15 Presumed Complete deadline-extension petition-extension qualified-immunity substantive-due-process supreme-court writ-of-certiorari Whether the Supreme Court should grant an extension of time to file a petition for a writ of certiorari in a case involving substantive due process an…
24-6187 Joe Willie Cannon v. Michael Dehner, et al. Eighth Circuit 2024-12-20 Denied Response WaivedIFP appellate-review district-court factual-findings interlocutory-appeal qualified-immunity section-1983 Whether reviewing courts deciding qualified immunity on interlocutory appeal are permitted to reconsider the factual findings of the District Court
24-673 Randal M. Hall v. Travis Trochessett, et al. Fifth Circuit 2024-12-20 Denied arrest-basis circuit-split first-amendment interference-statute qualified-immunity speech-protection Whether the First Amendment protects a husband's advice to his wife that leads to his arrest, and whether the Court should review the Fifth Circuit's …
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…
24-618 Erin Wade, et al. v. City of Houston, Texas, et al. Fifth Circuit 2024-12-05 Denied civil-rights fifth-circuit first-amendment mass-arrests pleading-standards qualified-immunity Whether the Supreme Court should correct the Fifth Circuit's departure from accepted judicial proceedings and pleading standards in civil rights cases…
24-573 Coleman County, Texas v. Patsy K. Cope, et al. Fifth Circuit 2024-11-22 Denied Response Waived bell-v-wolfish detainee-suicide fifth-circuit monell-standard municipal-liability qualified-immunity Does a Bell v. Wolfish claim for detainee suicide allow a plaintiff to bypass the traditional Monell test for imposing municipal liability, and does s…
24-570 Mary Dawes, Individually and as Administrator of the Estate of Decedent Genevive A. Dawes, et al. v. City of Dallas, Texas, et al. Fifth Circuit 2024-11-21 Denied Response RequestedResponse WaivedRelisted (7) body-camera-evidence officer-testimony qualified-immunity section-1983 summary-judgment use-of-deadly-force Whether an officer's subjective belief of danger can negate objective video evidence showing no threat when determining qualified immunity on summary …
24A506 Marc M. Susselman v. Washtenaw County Sheriff's Office, et al. Sixth Circuit 2024-11-21 Presumed Complete civil-rights constitutional-violations law-enforcement municipal-liability qualified-immunity sixth-circuit Whether a county sheriff's office and local officials are entitled to qualified immunity when responding to a citizen's allegations of misconduct and …
24-538 Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al. Eleventh Circuit 2024-11-13 Denied civil-rights interlocutory-appeal law-enforcement qualified-immunity section-1983 summary-judgment Whether a court of appeals can decide factual disputes on an interlocutory appeal of qualified immunity and whether qualified immunity should be abrog…
24-5917 Myrna De Jesus v. Dignity Health Corporation Ninth Circuit 2024-11-05 Denied Relisted (2)IFP actual-malice defamation private-citizen publication qualified-immunity slander-per-se Whether the concepts of actual malice and excessive publication are required elements of defamation slander per se for a private citizen to prove that…
24-504 Joseph M. Hoskins v. Jared Withers, et al. Tenth Circuit 2024-11-04 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-retaliation due-process first-amendment law-enforcement qualified-immunity Whether qualified immunity shields government officials from liability when retaliating against a person for exercising a clearly established constitu…
24-473 Karen Jimerson, et al. v. Mike Lewis Fifth Circuit 2024-10-29 Denied Amici (2)Relisted (4) circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity search-warrant Whether Maryland v. Garrison clearly established that officers violate the Fourth Amendment when they search the wrong house without checking the addr…
24-5856 Anthony Shane Martin v. Erin Gaffney, et al. Fourth Circuit 2024-10-29 Denied Response WaivedIFP civil-rights due-process first-amendment qualified-immunity section-1983 summary-judgment Whether the lower courts erred in dismissing plaintiff's case through summary judgment, misapplying legal standards related to qualified immunity, due…
24-463 Marta Sanchez, et al. v. Anthony Guzman, et al. Tenth Circuit 2024-10-24 Denied affirmative-defense burden-of-proof civil-rights governmental-defendants legal-standard qualified-immunity Whether a civil rights plaintiff bears the burden of disproving the affirmative defense of qualified immunity for governmental defendants or whether g…
24-406 Matthew Hunady v. Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased Eleventh Circuit 2024-10-11 Denied Response Waived circuit-court deadly-force interlocutory-review law-enforcement qualified-immunity standard-of-review Whether the Eleventh Circuit's decision improperly applied a reasonable jury standard instead of a reasonable officer standard in a qualified immunity…
24-383 For Our Rights, Inc., et al. v. David Y. Ige Ninth Circuit 2024-10-04 Denied Response Waived 42-U.S.C.-§-1983 constitutional-rights due-process emergency-powers qualified-immunity state-law-restrictions Does a state governor enjoy qualified immunity when imposing COVID-19 lockdowns and quarantines that allegedly violate citizens' clearly established c…
24-378 Muzafar Babakr v. Jacob T. Fowles, et al. Tenth Circuit 2024-10-02 Denied Response Waived burden-shifting civil-procedure excusable-neglect pioneer-factors qualified-immunity summary-judgment Whether the Pioneer factors for excusable neglect are weighted unequally and whether summary judgment standards change when qualified immunity is rais…
24A311 Donna Chisesi, Administratrix of the Estate of Jonathon Victor, Deceased v. Matthew Hunady, et al. Eleventh Circuit 2024-10-01 Presumed Complete common-law-immunity excessive-force failure-to-train qualified-immunity reconstruction-era-law section-1983 Whether the doctrine of qualified immunity in Section 1983 cases should be reconsidered in light of historical evidence about the original understandi…
24-266 Calisia Kelley and Johnnie Mae Kelley, Co-Administrators of the Estate of Bruce Kelley, Jr. v. Brian O'Malley and Dominic Rivotti, in Their Individual Capacities as Police Officers for the Allegheny County Port Authority Third Circuit 2024-09-09 Denied Response Waived deadly-force factual-context graham-connor qualified-immunity tolan-cotton use-of-force Whether the Third Circuit improperly defined the factual context and eliminated the significant threat requirement in a deadly force case involving po…
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…
24-230 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-08-29 Denied Response Waived bodily-integrity fourth-amendment government-employment medical-testing mootness qualified-immunity Whether mandated weekly Covid-19 medical testing for government employees violates Fourth Amendment rights and whether such testing is a clearly estab…
24-5416 Christopher Dominguez v. United States Tenth Circuit 2024-08-29 Denied Response WaivedIFP circuit-split constitutional-rights excessive-force law-enforcement qualified-immunity use-of-force Whether the Ninth and Fourth Circuits apply different standards in evaluating qualified immunity for law enforcement officers' use of force claims
24-193 Yoel Weisshaus v. Steve Coy Teichelman, et al. Fifth Circuit 2024-08-21 Denied Response Waived civil-rights constitutional-rights law-enforcement material-fact qualified-immunity summary-judgment Whether an official may move for summary judgment on qualified immunity without a showing that there is no genuine issue as to any material fact?
24-172 Marques A. Johnson v. James Dunn Eleventh Circuit 2024-08-16 Denied Response Waived arrest circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide identi…
24-173 Malcolm Johnson, et al. v. Tina Kotek, Governor of Oregon, et al. Ninth Circuit 2024-08-16 Denied Amici (4)Response WaivedRelisted (2) due-process emergency-use-authorization experimental-vaccine fourteenth-amendment informed-consent qualified-immunity What is the proper standard of review for a Fourteenth Amendment Due Process challenge to a State official's order mandating experimental vaccine inje…
24-152 Michael Pina v. Estate of Jacob Dominguez Ninth Circuit 2024-08-15 Denied Response RequestedResponse WaivedRelisted (5) armed-robbery excessive-force fourth-amendment investigative-stop police-use-of-force qualified-immunity Whether the Ninth Circuit erred in finding a Fourth Amendment violation when police fatally shot a suspect who failed to comply with commands during a…
24A166 Tidera Harris v. Gregory Harvey Eleventh Circuit 2024-08-12 Presumed Complete deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Whether a law enforcement officer can assert qualified immunity when using deadly force against an unarmed suspect who does not pose an immediate thre…
24A140 Christopher Harry West v. Mark Emig, et al. Third Circuit 2024-08-07 Presumed Complete cruel-and-unusual eighth-amendment mattress-removal mental-health prisoner-rights qualified-immunity Whether the Eighth Amendment permits the removal of a prisoner's mattress as a mental health intervention without violating constitutional protections…
24-130 Desiree Martinez v. Channon High Ninth Circuit 2024-08-06 Denied Amici (2) circuit-split civil-rights constitutional-violation domestic-violence due-process fair-warning police-conduct police-liability qualified-immunity Whether an officer can be fairly warned about the unconstitutionality of her conduct even when the facts of previous cases are not materially identica…
24-132 Mark Bambach, et al. v. Gina Moegle, et al. Sixth Circuit 2024-08-06 Denied Response Waived civil-procedure-jurisdiction constitutional-rights due-process johnson-v-jones jurisdiction qualified-immunity section-1983 summary-judgment tolan-v-cotton Whether the Sixth Circuit lacked jurisdiction under 28 USCS § 1291 and Johnson v. Jones and its progeny to hear Defendants' appeal
24-5247 Eric Cruz v. Officer Domingo Cervantez Fifth Circuit 2024-08-06 Denied Response WaivedIFP 14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act Did the U.S. District courts' failure to allow relevant evidence into trial proceedings violate the Brady Rule of Evidence under Brady v. Maryland, 37…
24-117 Todd Berman v. Pennsylvania Higher Education Assistance Agency, dba Fedloan Servicing Fourth Circuit 2024-08-02 Denied Response Waived affirmative-defense circuit-conflict federal-contractor federal-contractor-liability government-instructions merits-trial qualified-immunity sovereign-immunity Derivative-sovereign-immunity
24-5174 Michael D. Carver v. City of Kalamazoo, Michigan, et al. Sixth Circuit 2024-07-30 Denied IFP absolute-immunity fabricated-evidence false-arrest fourth-amendment franks-doctrine investigative-conduct malicious-prosecution probable-cause qualified-immunity Whether Franks applies to material omissions, and whether probable cause is vitiated for a particular offense where the omitted information is exculpa…
24-73 Sherry L. Burt, et al. v. Jimmie Leon Gordon Sixth Circuit 2024-07-25 Denied Response RequestedResponse WaivedRelisted (4) constitutional-rights covid-19 pandemic-response precedent prison-conditions prison-officials qualified-immunity sixth-circuit Did the Sixth Circuit improperly deny qualified immunity to prison officials based on their response to the unprecedented COVID-19 global pandemic?
24A74 Curtrina Martin, Individually and as Parent and Next Friend of G.W., a Minor, et al. v. United States, et al. Eleventh Circuit 2024-07-22 Presumed Complete discretionary-function federal-tort-claims-act fourth-amendment qualified-immunity search-warrant supremacy-clause Whether the Supremacy Clause and the discretionary function exception of the Federal Tort Claims Act can immunize federal law enforcement from liabili…
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 …
24A59 Kathleen Wright-Gottshall, et al. v. New Jersey, et al. Third Circuit 2024-07-17 Presumed Complete constitutional-search covid-19 fourth-amendment government-mandate medical-testing qualified-immunity Whether government-mandated COVID-19 medical testing of public workers constitutes an unreasonable search under the Fourth Amendment and whether quali…
24-5056 Tyrone Stafford v. Arnold S. Zwicke, Executive Sheriff, Guadalupe County, Texas, et al. Fifth Circuit 2024-07-11 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement malicious-prosecution police-misconduct qualified-immunity use-of-force Question not identified.
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…
24A3 Darnell Anderson v. Aaron Fuson, et al. Sixth Circuit 2024-07-03 Presumed Complete Bivens eighth-amendment excessive-force federal-tort prisoner-rights qualified-immunity Whether the Supreme Court should extend the Bivens remedy to allow a federal prisoner to bring a monetary damages claim for alleged Eighth Amendment e…
24A4 Joseph M. Hoskins v. Jared Withers, et al. Tenth Circuit 2024-07-03 Presumed Complete civil-rights constitutional-rights first-amendment law-enforcement qualified-immunity retaliation Whether a plaintiff must establish both that a constitutional right was clearly established and that the specific manner of retaliation was clearly un…
23-1367 Pamela Quinlan v. Joseph P. Lopinto, III, Sheriff, Jefferson Parish, Louisiana, et al. Fifth Circuit 2024-07-02 Denied civil-rights due-process fair-warning fifth-circuit malicious-prosecution qualified-immunity section-1983 thompson-v-clark Whether the United States Fifth Circuit cases of Guerra v. Castillo and Wallace v. Taylor, which stand for the proposition that qualified immunity req…
23-1374 Keyvon Sellers v. Jerry Nelson, as Personal Representative of the Estate of Eddie Lee Nelson, Jr., Deceased, et al. Eleventh Circuit 2024-07-02 Denied Amici (2) civil-rights constitutional-duty deliberate-indifference due-process equal-protection jail-intake procedural-guideposts procedure qualified-immunity racial-segregation Whether a jail intake officer had a clearly-established constitutional duty to inform others about an inmate's alleged racial animus in underlying cha…
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…
23-7770 Jerry A. Smith v. John Galipeau Seventh Circuit 2024-06-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law due-process excessive-force judicial-review legal-procedure qualified-immunity standing statutory-interpretation Question not identified
23-7723 Barbara Martin v. New Jersey New Jersey 2024-06-14 Denied IFP change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering Should a change of venue be granted in a civil rights case against a county prosecutor and county employees?
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…
23-1282 John C. Baer v. Larry Trent Roberts, et al. Third Circuit 2024-06-07 Denied Amici (3)Relisted (2) buckley-v-fitzsimmons circuit-conflict civil-rights due-process evidence-marshaling prosecutorial-immunity qualified-immunity section-1983 Whether prosecutors are always absolutely immune from 42 U.S.C. § 1983 liability for (1) post-charge acts (2) taken to marshal evidence to present at …
23-1285 Shawn T. Swindell v. Kenneth Bailey Eleventh Circuit 2024-06-07 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights exigent-circumstances fourth-amendment law-enforcement-entry misdemeanor misdemeanor-arrest payton-rule payton-v-new-york probable-cause qualified-immunity Was the entry into the home to arrest the misdemeanant clearly established as unconstitutional?
23-1257 Santos Argueta, et al. v. Derrick S. Jaradi Fifth Circuit 2024-05-31 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) 4th-amendment circuit-split civil-rights deadly-force factual-question qualified-immunity tennessee-v-garner use-of-force Whether the Fourth Amendment permits police to shoot a fleeing suspect who might be holding a gun but exhibits no other signs of dangerousness
23A1046 Desiree Martinez v. Channon High Ninth Circuit 2024-05-23 Presumed Complete constitutional-rights domestic-violence due-process precedent-interpretation qualified-immunity state-created-danger Whether a government official can be denied qualified immunity when prior circuit court precedent suggests a constitutional violation, even if the fac…
23-1232 Estate of Allan George, et al. v. City of Rifle, Colorado, et al. Tenth Circuit 2024-05-22 Denied Response Waived circuit-split civil-rights due-process factual-findings interlocutory-appeal jurisdictional-limits qualified-immunity scott-v-harris summary-judgment Whether the Tenth Circuit erred in expanding this Court's decision in Scott v. Harris to swallow the rule of limited jurisdiction on interlocutory app…
23-7529 Reginald Andrew Paulk, Sr. v. L. Benson, et al. Eleventh Circuit 2024-05-22 Denied IFP appellate-procedure civil-rights counsel due-process federal-law judicial-review probable-cause qualified-immunity racial-animus sovereign-immunity standard-of-review Did the District Court and the Eleventh Circuit use the incorrect standard to review the issues and thus incorrectly apply the law?
23-7538 Jose Luis Garcia v. Kyeong Park Ninth Circuit 2024-05-22 Denied Response WaivedIFP appellate-review civil-rights deliberate-indifference due-process judicial-discretion medical-care medical-malpractice qualified-immunity standard-of-care summary-judgment Did the Court of Appeals Erred in Affirming Summary Judgment When There Is Evidence of Deliberate Indifference of Dr. Park?
23-1227 Rachael Eubanks, et al. v. Dennis O'Connor Sixth Circuit 2024-05-21 Denied Response WaivedRelisted (2) abandoned-property civil-procedure civil-rights constitutional-claim due-process property-rights qualified-immunity state-action takings Does the former owner retain a constitutional right to accrued interest on abandoned property returned by the State?
23A1023 Marques A. Johnson v. Chris Nocco, in His Official Capacity as Sheriff of Pasco County, Florida, et al. Eleventh Circuit 2024-05-17 Presumed Complete fourth-amendment identification law-enforcement passenger-rights qualified-immunity traffic-stop Whether the Fourth Amendment prohibits arresting a passenger in a vehicle for refusing to identify themselves when no reasonable suspicion of criminal…
23A1005 Eric Cruz v. Officer Cervantez Fifth Circuit 2024-05-10 Presumed Complete cellmate-violence constitutional-rights deliberate-indifference pretrial-detainee qualified-immunity section-1983 Whether a law enforcement officer's deliberate indifference to an inmate's safety risks constitutes a violation of the inmate's constitutional rights …
23-1204 Daniel Kinsinger v. Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-05-09 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) arrestee-rights civil-rights constitutional-violation deliberate-indifference due-process law-enforcement medical-care qualified-immunity summary-reversal Whether law enforcement officers' decision to transport an arrestee they believed had ingested drugs to a nearby prison with medical staff constituted…
23A996 Yoel Weisshaus v. Steve Coy Teichelman, et al. Fifth Circuit 2024-05-08 Presumed Complete circuit-split constitutional-rights qualified-immunity racial-profiling reasonable-suspicion summary-judgment Whether the Fifth Circuit improperly altered the summary judgment burden of proof in qualified immunity cases and created an unconstitutional circuit …
23-1197 Damon Landor v. Louisiana Department of Corrections and Public Safety, et al. Fifth Circuit 2024-05-07 Granted CVSGAmici (37)Relisted (3) civil-rights constitutional-law damages government-official-liability individual-capacity-damages qualified-immunity religious-freedom religious-land-use spending-clause statutory-interpretation Whether an individual may sue a government official in his individual capacity for damages for violations of the Religious Land Use and Institutionali…
23-1190 Alexsey Predybaylo v. Sacramento County, California, et al. Ninth Circuit 2024-05-03 Denied civil-rights due-process excessive-force municipal-liability pre-trial-detainee qualified-immunity strip-search Is an officer's intentional use of substantial and aggressive force against a pre-trial detainee in response to mere passive resistance to a strip sea…
23-1155 Priscilla Villarreal v. Isidro R. Alaniz, et al. Fifth Circuit 2024-04-24 GVR Amici (13)Response RequestedResponse WaivedRelisted (2) arrest-without-cause civil-rights criminal-procedure first-amendment free-speech government-officials news-reporting public-officials qualified-immunity whether-it-obviously-violates-the-first-amendment-to-arrest-someone-for-asking-government-officials-questions-and-publishing-the-information-they-volu…
23-1158 Ryan Morrison v. Alvaro Ramos, Individually and in His Official Capacity, et al. Ninth Circuit 2024-04-24 Denied 42-usc-1983 civil-rights fourth-amendment home-privacy privacy-rights qualified-immunity search-and-seizure section-1983 unreasonable-search Whether a federal court can find that officers were entitled to qualified immunity for a civil rights claim under 42 U.S.C. § 1983 due to no clearly e…
23A951 Keyvon Sellers v. Jerry Nelson, as Personal Representative of the Estate of Eddie Lee Nelson, Jr., Deceased, et al. Eleventh Circuit 2024-04-23 Presumed Complete deliberate-indifference fourteenth-amendment inmate-safety jail-intake qualified-immunity racial-animus Whether a jail intake officer can be held liable under the Fourteenth Amendment for deliberate indifference when aware of potential racial animus that…
23-7269 Willis Maxi v. United States Eleventh Circuit 2024-04-19 Denied Response WaivedIFP 4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
23-1131 Marcus Traylor v. Gideon Yorka Fifth Circuit 2024-04-18 Denied Response Waived circuit-split civil-rights criminal-procedure due-process evidence-fabrication fabrication-of-evidence felony fourteenth-amendment misdemeanor qualified-immunity Whether fabrication of evidence for misdemeanor charges violates due process
23-1102 Timothy Allen Davis, Sr. v. City of Apopka, Florida Eleventh Circuit 2024-04-11 Denied Response Waived civil-rights due-process false-arrest immunity law-enforcement probable-cause qualified-immunity search-and-seizure section-1983 stand-your-ground Whether the federal court denied effect to the immunity provision of the state statute
23-1108 Daril Foose, et al. v. Sherelle Thomas, Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-04-11 Denied Response RequestedResponse WaivedRelisted (3) civil-rights constitutional-violation custody drug-toxicity due-process fourteenth-amendment law-enforcement law-enforcement-custody medical-care qualified-immunity Whether the police officers' decision to transport a detainee who they suspected had ingested drugs to a nearby prison where he was evaluated by the p…
23A882 Daniel Kinsinger v. Sherelle Thomas, as Administrator of the Estate of Terelle Thomas, et al. Third Circuit 2024-04-04 Presumed Complete deliberate-indifference drug-toxicity fourteenth-amendment medical-care qualified-immunity section-1983 Whether a law enforcement officer's decision to transport a potentially drug-intoxicated arrestee to a jail medical facility instead of a hospital con…
23-7052 Shirron Jozette Gayles-Zanders v. Nevada Nevada 2024-03-21 Denied IFP civil-rights due-process equal-protection federal-jurisdiction qualified-immunity standing Whether the federal courts erred in dismissing petitioner's claims alleging violations of his constitutional rights
23-7034 Michael Carter v. Megan Hayes, et al. Third Circuit 2024-03-20 Denied IFP 14th-amendment civil-rights constitutional-violation due-process government-employee judicial-misconduct judicial-proceeding qualified-immunity sovereign-immunity witness-immunity Whether the district court erred in dismissing petitioner's 42 U.S.C. 1983 civil rights claim on the basis of sovereign immunity
23-1014 Diyonne L. McGraw v. Khanh-Lien Banko, et al. Eleventh Circuit 2024-03-15 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights due-process qualified-immunity separation-of-powers state-officials supremacy-clause Whether the Supremacy Clause and the Separation of Powers doctrine preclude the federal judiciary from relying upon the federal common law defense of …
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…
23-991 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
23-6844 In Re Deborah E. Gouch-Onassis 2024-02-28 Dismissed Relisted (2)IFP 42-usc-1983 civil-rights due-process equal-protection qualified-immunity standing Whether the Ninth Circuit erred in dismissing petitioner's civil rights claims for lack of standing
23-6832 Willie Levens, II v. Louisiana Insurance Guaranty Association, et al. Fifth Circuit 2024-02-26 Denied Response WaivedIFP civil-rights constitutional-rights discrimination due-process equal-protection excessive-force law-enforcement qualified-immunity racial-discrimination standing Whether an off-duty officer qualifies for qualified-immunity
23-915 Pleasant View Baptist Church, et al. v. Andrew Beshear Sixth Circuit 2024-02-23 Denied Response Waived 42-usc-1983 burden-of-proof civil-rights constitutional-rights covid-19-restrictions free-exercise free-exercise-clause qualified-immunity state-actor Whether qualified immunity applies to a state actor who violates the Free Exercise Clause
23-896 Sean Garnand, et al. v. Greg Moore, et al. Ninth Circuit 2024-02-21 Denied Response Waived appellate-jurisdiction circuit-court civil-procedure civil-rights due-process interlocutory-appeal jurisdiction jurisdictional-limitation legal-question qualified-immunity Can a Circuit Court of Appeals avoid deciding purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction?
23-872 Josh Patrick v. LaRhonda Dunlap Perez Sixth Circuit 2024-02-14 Denied Response Waived 4th-amendment circuit-split civil-rights excessive-force fourth-amendment law-enforcement qualified-immunity taser taser-use Is there variance among federal judicial circuits regarding how they apply Fourth Amendment law in excessive force cases involving taser use?
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest Whether probable cause existed to arrest for unlawful assembly
23-842 Patricia Polanco, et al. v. Ralph Diaz, et al. Ninth Circuit 2024-02-07 Denied civil-procedure civil-rights constitutional-law due-process government-liability immunity judicial-doctrine law-enforcement legal-standard qualified-immunity standing Whether the Court should reverse or recalibrate the doctrine of qualified immunity
23-837 Casey Campbell v. Merrick B. Garland, Attorney General, et al. Fifth Circuit 2024-02-05 Denied Response WaivedRelisted (2) de-novo-review federal-employee first-amendment judicial-admissions qualified-immunity religious-discrimination title-vii workplace Are employer statements on religious discrimination binding judicial admissions in a Title VII de novo review?
23-738 Leasa Marie Wright v. City of Ponca City, Oklahoma, et al. Tenth Circuit 2024-01-09 Denied civil-rights civil-rights-violation discovery due-process emergency-medical-care medical-negligence municipal-liability qualified-immunity spinal-cord-injury substantive-due-process Is it a violation of substantive due process for state medical personnel to actively and affirmatively inflict injury on a patient?
23-6414 In Re Joseph Raimondo 2024-01-05 Denied Response WaivedRelisted (2)IFP civil-rights due-process equal-protection fraud-on-court fraud-on-the-court judicial-misconduct obstruction-of-justice qualified-immunity Whether the United States Eastern District of MI Court erred in granting Respondents qualified immunity after voiding civil case No. 2:01-cv-71352, di…
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…
23-688 Travis Scott King, By and Through His Guardian ad Litem, Breanna Raymundo, et al. v. DeMichael Dews, et al. Ninth Circuit 2023-12-27 Denied Response Waived bodily-harm civil-rights cruel-and-unusual-punishment eighth-amendment excessive-force hudson-v-mcmillian prisoner-rights qualified-immunity Can the doctrine of qualified immunity ever apply when force is used maliciously and sadistically for the very purpose of causing harm in violation of…
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…
23-690 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-12-27 Denied 42-usc-1983 adverse-action civil-procedure civil-rights due-process first-amendment free-speech investigation medical-staff qualified-immunity standing Whether a retaliatory investigation may be a distinct adverse action under the First Amendment
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?
23-664 Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2023-12-20 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 42-U.S.C.-§-1983 civil-rights constitutional-safeguards correspondence correspondence-interception due-process email prisoner-rights qualified-immunity Whether the Due Process Clause requires notice and opportunity to be heard when a prisoner's outgoing emails are intercepted
23-6287 Parnell R. May v. Kawhun Tims, et al. Eighth Circuit 2023-12-18 Denied IFP administrative-law civil-rights constitutional-law due-process excessive-force federal-procedure judicial-review qualified-immunity standing takings Whether the U.S. District Court erred in granting a Supplemental 1983 claim
23-649 Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-12-15 Denied Relisted (13) 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Whether absolute immunity extends to a prosecutor's knowing destruction of exculpatory evidence
23-644 City of Charlotte, North Carolina, et al. v. Azucena Zamorano Aleman, Individually and as Administrator of the Estate of Rubin Galindo Chavez Fourth Circuit 2023-12-14 Denied Amici (1) 42-usc-1983 civil-rights constitutional-rights deadly-force fourth-amendment law-enforcement precedent qualified-immunity use-of-force Whether the Fourth Circuit erred in the process it used to find a 'clearly established' Fourth Amendment right
23-630 James E. Pietrangelo, II v. Christopher T. Sununu, Individually and in His Official Capacity as the Governor of New Hampshire, et al. First Circuit 2023-12-12 Denied Response Waived civil-rights covid-19 covid-19-policy equal-protection qualified-immunity race-discrimination racial-discrimination section-1983 standing standing-doctrine Whether the First Circuit's affirmance of the District Court's decision conflicts with this Court's precedent holding that 'persons who are personally…
23-611 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-12-07 Denied civil-rights constitutional-violation due-process excessive-force police-misconduct qualified-immunity standing summary-judgment use-of-force Whether the Court should reverse or recalibrate the doctrine of qualified immunity
23-587 Mark Jakob, et al. v. Clara Cheeks Eighth Circuit 2023-12-01 Denied civil-rights due-process evading-arrest medical-care police-apprehension qualified-immunity Whether a fleeing suspect has a clearly established right under the Fourteenth Amendment's Due Process Clause to medical care where there is no eviden…
23-6132 Chamone Ranell Russell v. Stark County Job and Family Services, et al. Sixth Circuit 2023-11-29 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
23-572 Dustin Williams, et al. v. Randall McElhaney Sixth Circuit 2023-11-28 Denied circuit-split civil-rights extracurricular-activities first-amendment free-speech parent-speech-rights qualified-immunity school-rules Whether a school employee violates a parent's First Amendment rights by suspending the parent from attending games for one week for violation of team …
23A481 Pleasant View Baptist Church, et al. v. Andrew Beshear Sixth Circuit 2023-11-28 Presumed Complete covid-19-restrictions first-amendment free-exercise hybrid-rights qualified-immunity religious-schools Whether qualified immunity should be limited for executive branch officials who imposed COVID-19 restrictions that discriminatorily impacted religious…
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry Fourth-Amendment-in-presence-requirement
23-514 Kim Jackson v. Chris Dutra, et al. Ninth Circuit 2023-11-16 Denied civil-procedure civil-rights civil-rights-act constitutional-law due-process judicial-system qualified-immunity standing stare-decisis Whether the Court should reverse or recalibrate the doctrine of qualified immunity
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
23-513 Randy Smith, Sheriff, et al. v. Jerry Rogers, Jr. Fifth Circuit 2023-11-15 Denied Response Waived 42-U.S.C.-§-1983 42-usc-1983 civil-rights constitutional-law constitutional-rights discretionary-functions government-officials harlow-v-fitzgerald legal-doctrine qualified-immunity statutory-rights What does it mean for a statutory or constitutional right to be 'clearly established,' beyond debate for purposes of § 1983 qualified immunity?
23-5953 Michael Muthee Munywe v. Julie Dier, et al. Ninth Circuit 2023-11-06 Denied IFP 42-usc-1983 civil-liberties civil-rights constitutional-rights due-process equal-protection fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity search-and-seizure Whether the district court's decision was erroneous
23-459 Mark Sami Ibrahim v. United States District of Columbia 2023-11-01 Denied Response WaivedRelisted (2) administrative-procedure federal-law-enforcement federal-officer interlocutory-appeal law-enforcement-immunity motion-to-dismiss qualified-immunity regulation statute statutory-interpretation Whether DEA Special Agent Mark Sami Ibrahim raised a colorable claim of a legislated immunity in the text of the statute and regulation granting Feder…
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…
23-447 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…
23-433 Joyce Daniels, as the Administrator of the Estate of Mark Daniels, Deceased v. City of Pittsburgh, Pennsylvania, et al. Third Circuit 2023-10-26 Denied 42-usc-1983 civil-rights due-process judicial-procedure law-enforcement qualified-immunity section-1983 summary-judgment unsworn-testimony wrongful-death Whether the trial court should have relied on the officer's unsworn interview in a wrongful death action brought under 42 U.S.C. § 1983
23A376 Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2023-10-25 Presumed Complete due-process email-censorship first-amendment prisoner-rights procedural-safeguards qualified-immunity Whether the Due Process Clause of the Fourteenth Amendment requires prison officials to provide notice and an opportunity to challenge the censorship …
23A368 Adrian Martinez v. Sean Jenneiahn, et al. Tenth Circuit 2023-10-24 Presumed Complete constitutional-rights excessive-force fourth-amendment law-enforcement police-canine qualified-immunity Whether the use of a police canine to bite a motionless, unarmed suspect in a closed storage closet constitutes excessive force in violation of the Fo…
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…
23-400 Travis Palmer Curran, et al. v. Janet Turner O'Kelley, et al. Eleventh Circuit 2023-10-17 Dismissed Response Waived civil-rights curtilage due-process exigent-circumstances fourth-amendment objective-reasonableness qualified-immunity seizure Whether the Fourth Amendment objective reasonableness standard for exigency, and the availability of qualified immunity itself, remain questions of la…
23-385 Clayton R. Hulbert, as Personal Representative of the Estate of Jeffrey W. Hulbert, et al. v. Brian T. Pope Fourth Circuit 2023-10-12 Denied Amici (1)Response WaivedRelisted (2) 1983 civil-rights civil-rights-act first-amendment notwithstanding-clause police-accountability police-activity qualified-immunity section-1983 Whether qualified immunity is abrogated by the Notwithstanding Clause of the Civil Rights Act of 1871
23-387 Taylor Carlisle, Individually and as Representative Member of a Class, et al. v. Joseph P. Lopinto, III, Sheriff, et al. Fifth Circuit 2023-10-12 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights drug-court due-process habeas heck-doctrine over-detention preiser-doctrine qualified-immunity Whether minute entries documenting incarceration without judicial proceedings are 'orders' and 'convictions or sentences' under Heck and Preiser
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
23A310 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W.Y. and S.Y. v. Lamont Marzolf, et al. Eighth Circuit 2023-10-10 Presumed Complete dashcam-footage excessive-force qualified-immunity scott-v-harris summary-judgment taser-threat Whether Scott v. Harris's narrow exception to the summary judgment standard—permitting courts to resolve disputed facts when video evidence is blatant…
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…
23-324 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-09-28 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) bivens circuit-split federal-officers fourth-amendment qualified-immunity search-and-seizure Whether a Bivens cause of action exists for Fourth Amendment claims against federal officers operating under a different legal mandate or not involvin…
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
23-276 Dijon Sharpe v. Winterville Police Department, et al. Fourth Circuit 2023-09-21 Denied Amici (1)Relisted (2) civil-rights constitutional-rights first-amendment free-speech law-enforcement-interaction police-accountability police-filming public-recording qualified-immunity Whether filming police officers in public is First Amendment protected activity
23-5625 Gale L. Davis v. Chester James Walker, Jr., Father Second Circuit 2023-09-20 Denied IFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
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…
23-259 Lewis County, Kentucky, et al. v. Julie Helphenstine, Administratrix of the Estate of Christopher Dale Helphenstine and Guardian of B. D. H., the Minor Son of Christopher Dale Helphenstine Sixth Circuit 2023-09-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) circuit-split civil-rights deliberate-indifference due-process eighth-amendment objective-knowledge pretrial-detainee prison-officials qualified-immunity separation-of-powers Whether a pretrial detainee alleging deliberate-indifference must prove the defendant actually-knew of a significant-risk-of-harm, or instead must pro…
23-227 Sarah K. Molina, et al. v. Daniel Book, et al. Eighth Circuit 2023-09-12 Denied Amici (4) circuit-split civil-rights clothing-expression first-amendment free-speech particularized-message police-observation qualified-immunity speech-rights whether-words-on-clothing-are-protected-speech
23-5470 Cedric Adams v. Nick Diamond, et al. Sixth Circuit 2023-08-29 Denied Response WaivedIFP 42-usc-1983 civil-rights constitutional-rights due-process excessive-force governmental-tort-liability qualified-immunity standing Should a local government be dismissed from acceptance of claims and the very beginning of a suit with prejudice giving absolute immunity without allo…
23A167 Erik Carrasco v. Terry Henkell Fifth Circuit 2023-08-24 Presumed Complete affidavit exculpatory-information fourth-amendment omission qualified-immunity search-warrant Whether a law enforcement officer violates the Fourth Amendment by submitting an affidavit for a search warrant that omits material exculpatory inform…
23A133 Gerald L. Ferreyra, et al. v. Nathaniel Hicks Fourth Circuit 2023-08-15 Presumed Complete bivens-action circuit-split damages-remedy fourth-amendment qualified-immunity warrantless-search Whether a Bivens action is available to remedy Fourth Amendment violations occurring outside the context of a warrantless home search or against offic…
23-93 Kevion Rogers v. Jeffrey Jarrett, et al. Fifth Circuit 2023-08-01 Denied Amici (1)Response Waived civil-rights codification common-law-immunity congressional-intent due-process qualified-immunity section-1983 statutory-interpretation traditional-common-law Whether the qualified-immunity doctrine is irreconcilable with the text of Section 1983 as Congress originally enacted it in 1871
23A94 Michael Boresky v. Jeremy Graber Third Circuit 2023-08-01 Presumed Complete bivens-claim collateral-order-doctrine false-arrest fourth-amendment qualified-immunity separation-of-powers Whether the collateral order doctrine permits immediate appellate review of district court rulings denying motions to dismiss based on the non-cogniza…
23-5204 Larry David Davis v. Anna Catherine Cargile, Prosecutor, Pulaski County Prosecutor's Office, et al. Eighth Circuit 2023-07-26 Dismissed IFP civil-rights constitutional-provisions court-filing criminal-procedure due-process jurisdiction legal-document petition police-misconduct qualified-immunity search-and-seizure statutory-provisions Whether the district court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment
23A61 Chris Dutra, et al. v. Kim Jackson Ninth Circuit 2023-07-24 Presumed Complete excessive-force law-enforcement qualified-immunity second-story-railing summary-judgment use-of-force Whether qualified immunity protects law enforcement officers from liability for excessive force claims when officers use force to prevent a suspect fr…
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 …
23-37 Kyle Cardenas v. Josiah Saladen, et al. Ninth Circuit 2023-07-12 Denied Response Waived 4th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity section-1983 unlawful-arrest Regularizing qualified immunity
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…
22-7887 Kevin W. Dunigan v. Raybon C. Johnson, Warden, et al. Ninth Circuit 2023-06-28 Dismissed Response WaivedIFP civil-rights due-process qualified-immunity sovereign-immunity standing takings Whether the 6th Circuit abused its discretion in denying the plaintiffs' request for preliminary injunctive relief
22-1223 Gwendolyn D. Gabriel, et al. v. Merry Outlaw, et al. Fifth Circuit 2023-06-20 Denied Response Waived civil-rights constitutional-rights due-process obstruction-of-justice predicate-acts public-corruption qualified-immunity racketeering rico-statute witness-tampering Whether RICO statute provides attorneys qualified immunity from RICO lawsuits when evidence shows they committed predicate acts/crimes
22-7726 Gary Leon Webster v. John Thurston, Arkansas Secretary of State Eighth Circuit 2023-06-07 Denied IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the petitioner's Fourth Amendment rights were violated
22-1171 James LeBlanc, et al. v. Jessie Crittindon, et al. Fifth Circuit 2023-06-05 Denied Response Waived civil-rights due-process fourteenth-amendment overdetention prisoner-rights qualified-immunity section-1983 state-officials supervisory-liability Do high-ranking state prison officials violate a prisoner's constitutional rights by failing to promulgate policies cajoling independent, locally-elec…
22-1163 Charles Anthony Dread v. Maryland State Police Fourth Circuit 2023-06-01 Denied Response Waived administrative-hearing civil-procedure constitutional-rights due-process malicious-intention qualified-immunity racial-discrimination summary-judgment Was the Trial Court's denial of the Petitioner's Motion for Summary Judgment and Request for Hearing without granting the Petitioner a Hearing he requ…
22-1166 D. K. Williams, Warden, et al. v. Rafiq Sabir, et al. Second Circuit 2023-06-01 Dismissed civil-rights constitutional-precedent due-process group-prayer inmate-rights prison-policy qualified-immunity religious-freedom-restoration-act Whether RFRA claims are exempt from the requirement not to define clearly established law at a high level of generality
22-1151 City of Arlington, Texas v. De'On Crane, et al. Fifth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2) arrest-warrant fourth-amendment municipal-liability qualified-immunity reasonable-officer-standard traffic-stop use-of-force whren-v-united-states Where a suspect with an outstanding felony arrest warrant refuses repeated commands to turn off his car and exit the vehicle, would a reasonable offic…
22-1157 Craig Roper v. De'On Crane, et al. Fifth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights deadly-force excessive-force objective-reasonableness officer-safety police-conduct police-intervention qualified-immunity use-of-force vehicle-stop Whether an objective police officer could have believed it reasonable to shoot a person who had warrants for his arrest, had locked the doors and rais…
22-7614 Lisa A. Biron v. Jody Upton, Warden, et al. Fifth Circuit 2023-05-23 Denied Response RequestedResponse WaivedRelisted (2)IFP christian-faith constitutional-rights federal-inmate first-amendment legitimate-penological-interests prison-regulations qualified-immunity religious-freedom religious-freedom-restoration-act substantial-burden Does the Religious Freedom Restoration Act (RFRA) apply to protect a federal inmate's religious liberties when she has adequately pleaded a substantia…
22-7602 James Franklin Snyder v. Idaho Idaho 2023-05-19 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-protections due-process judicial-review police-misconduct property-seizure qualified-immunity standing state-court-jurisdiction Whether officers can lie about probable cause to obtain a warrant and search a vehicle without consent
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
22-1092 Onoyom Ukpong v. International Leadership of Texas, et al. Fifth Circuit 2023-05-09 Denied employment-discrimination federal-laws final-pretrial-judgment qualified-immunity section-1981 statute-of-limitations summary-judgment supremacy-clause title-vii Did the Fifth Circuit deviate from paramountcy of Supremacy-Clause, federal-laws, final-pretrial-judgment, qualified-immunity, summary-judgment
22-1062 Hinkle Family Fun Center, LLC, et al. v. Michelle Lujan Grisham, et al. Tenth Circuit 2023-05-02 Denied Response Waived civil-procedure civil-rights due-process government-servitude inverse-condemnation property-rights qualified-immunity section-1983 taking takings Did the Tenth Circuit err in providing qualified immunity to Respondents for their actions to inversely condemn the property of the Petitioners to shu…
22-1041 Kevin Brunner v. Megan Marie McMurry, et al. Fifth Circuit 2023-04-27 Denied Response Waived 4th-amendment child-welfare children civil-rights due-process exigent-circumstances fourth-amendment law-enforcement protective-custody qualified-immunity Whether a child left alone in a residence without adult supervision constitutes an exigent circumstance under the Fourth Amendment?
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit 2023-04-24 Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened
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?
22-1003 Mucio Ramirez v. Christopher Martin Fifth Circuit 2023-04-14 Denied civil-rights excessive-force fourth-amendment graham-standard graham-v-connor police-brutality police-misconduct qualified-immunity reasonable-force use-of-force Whether Petitioner's initial non-compliance followed by surrender permitted Respondent to reject the then-existing circumstances and slam Petitioner's…
22-959 Gwendolyn Carswell, Individually and as Dependent Administrator of and on Behalf of the Estate of Gary Valdez Lynch, III and Gary Valdez Lynch, III's Heirs at Law v. George A. Camp, et al. Fifth Circuit 2023-04-03 Denied Response RequestedResponse WaivedRelisted (2) civil-procedure civil-rights discovery immediate-appeal interlocutory-appeal motion-to-dismiss procedural-law qualified-immunity standing Whether a district court can defer ruling on qualified immunity at the motion-to-dismiss stage without triggering an immediate appeal
22-949 Aparna Vashisht-Rota v. Diana Hagen, Justice, Supreme Court of Utah, et al. Utah 2023-03-29 Denied Response Waived civil-procedure civil-rights constitutional-rights due-process forum human-trafficking judicial-misconduct qualified-immunity recusal sexual-harassment standing statute-of-limitations If Mr. Howell's mom knows the Court, is that a fair forum for Petitioner?
22-933 Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al. Fifth Circuit 2023-03-24 Denied Response Waived 4th-amendment civil-procedure civil-rights excessive-force fourth-amendment police-misconduct qualified-immunity section-1983 unreasonable-force Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer's order to st…
22-7081 Tamir Abdullah v. Texas, et al. Fifth Circuit 2023-03-23 Denied IFP civil-procedure civil-rights constitutional-rights due-process federal-procedure habeas-corpus judicial-jurisdiction qualified-immunity standing Whether petitioner has a right to have his allegations disputed by respondents
22-921 Dan Cherner v. Westchester Jewish Community Services, Inc., et al. Second Circuit 2023-03-21 Denied civil-rights court-appointed court-immunity custody-proceeding due-process family-court forensic-evaluator judicial-immunity qualified-immunity state-action state-actor Are respondents state actors?
22-848 James Douglas Fox v. Mark Campbell, et ux. Sixth Circuit 2023-03-08 Denied Response RequestedResponse WaivedRelisted (2) county-of-sacramento-v-lewis excessive-force fourteenth-amendment fourth-amendment graham-v-connor law-enforcement qualified-immunity seizure self-defense unreasonable-force Whether the Fourth Amendment standard for evaluating unreasonable force claims or the Fourteenth Amendment standard applies when law enforcement shoot…
22-793 Paul Donald Davis, et al. v. Paul Waller, et al. Eleventh Circuit 2023-02-22 Denied circuit-split civil-rights deadly-force due-process hostage law-enforcement non-suspect-seizure qualified-immunity seizure use-of-force Whether the Eleventh Circuit misapplied the test for the constitutional use of deadly force set forth by this Court in Tennessee v. Garner
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…
22-735 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…
22-728 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
22-696 Reginald L. Gundy v. City of Jacksonville, Florida, et al. Eleventh Circuit 2023-01-26 Denied Response Waived civil-rights first-amendment free-exercise free-speech government-speech qualified-immunity retaliation Whether Petitioner's invited invocation before the City Council was private speech or government speech
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
22-640 David Wellington v. Fernando Daza, et al. Tenth Circuit 2023-01-10 Denied Response Waived 1st-amendment 4th-amendment civil-rights content-seizure first-amendment fourth-amendment overbreadth qualified-immunity search-warrant tax-code Is a search warrant that authorizes a search for violations of the entire federal tax code (26 U.S.C. §7201), plus any other numerous codes and laws f…
22-625 W.A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et al. Eleventh Circuit 2023-01-09 Denied Response Waived civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's prohibition on unreasonable searches and seizures
22-632 Anthony Haworth v. City of Walla Walla, Washington, et al. Ninth Circuit 2023-01-09 Denied Response Waived 42-usc-1983 absolute-immunity brady-violation civil-rights civil-rights-act common-law ku-klux-klan-act prosecutorial-immunity qualified-immunity section-1983 Whether this Court should overrule a halfcentury of precedent that has inaccurately interpreted the intent and purpose of Section 1983 by affirming im…
22-610 Warren Adam Taylor v. Augusta-Richmond County Consolidated Commissioners, et al. Eleventh Circuit 2023-01-04 Denied case-controversy civil-procedure civil-rights due-process fourteenth-amendment jurisdiction motion-to-dismiss public-interest qualified-immunity standing statute-of-limitations Question not identified
22-6455 Michael Joseph DeMarco, Jr. v. Jeremy J. Bynum Fifth Circuit 2023-01-04 Denied IFP civil-rights constitutional-rights due-process free-speech government-accountability prison-grievance prisoners-rights property-destruction qualified-immunity retaliation Does the Plaintiff's First Amendment right to redress in the form of a prison grievance exposing corruption and illegal acts give the government emplo…
22-589 Daryl Holloway v. City of Milwaukee, Wisconsin, et al. Seventh Circuit 2022-12-27 Denied circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity Whether the Court should address ambiguity among the circuits on whether an unduly suggestive identification procedure violated the Due Process Clause
22-564 Juan Carlos Salazar v. Juan Rene Molina Fifth Circuit 2022-12-20 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) 4th-amendment circuit-split excessive-force graham-v-connor law-enforcement qualified-immunity reasonableness-of-force surrender-protocol use-of-force Whether a suspect's dangerous past flight, without more, authorizes officers to doubt the sincerity of a subsequent surrender
22-6352 Anson Paape v. Illinois Illinois 2022-12-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process government-liability qualified-immunity Whether the Fourteenth Amendment's Due Process Clause provides government officials with qualified immunity from liability for violating an individual…
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
22-533 Ifrah Yassin v. Heather Weyker Eighth Circuit 2022-12-09 Denied Amici (1)Response Waived 42-usc-1983 bivens-action civil-rights color-of-law constitutional-rights federal-cross-deputization qualified-immunity section-1983 task-force Whether state and local police officers are immune from suit under 42 U.S.C. 1983 whenever they are federally cross-deputized as members of joint stat…
22-509 J. T. H., et al. v. Spring Cook Eighth Circuit 2022-11-30 Denied Amici (3)Response Waived circuit-split civil-rights constitutional-rights due-process first-amendment hartman-v-moore law-enforcement qualified-immunity retaliatory-investigation retaliatory-investigations Whether investigations—even when they lack probable cause—are so categorically different from other retaliatory acts that they cannot be the basis for…
22-510 Jody Lombardo, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2022-11-30 Denied Amici (2)Response RequestedResponse WaivedRelisted (9) civil-procedure civil-rights constitutional-rights detainee-death due-process excessive-force law-enforcement police-misconduct police-restraint qualified-immunity Whether officers are entitled to qualified immunity when they put a handcuffed and shackled person face-down on the floor and push into his back until…
22-6146 In Re Maria Navarro-Martin 2022-11-23 Denied IFP civil-rights due-process equal-protection qualified-immunity standing state-action Whether the Eleventh Circuit Court of Appeals erred in dismissing the petitioner's civil rights claims against state officials for lack of standing
22-6131 Andrew Guy Moret v. Poornima Ranganathan, et al. Ninth Circuit 2022-11-22 Denied Response WaivedRelisted (2)IFP civil-rights due-process government-standard legal-procedure malpractice-standard medical-malpractice medical-professionals mental-health professional-liability qualified-immunity state-standards Whether the standard for mental-health professionals to receive qualified immunity is higher, lower, or the same as other medical professionals?
22-6118 Wilbert Glover v. Matt Bostrom, et al. Eighth Circuit 2022-11-21 Denied Response WaivedIFP civil-rights constitutional-rights due-process equal-protection inmate-treatment prison-conditions qualified-immunity racial-discrimination Whether the petitioner's claims of severe racial harassment and discrimination by prison officers and sergeants at the Ramsey County Jail were imprope…
22-474 Laddie Huffman, et al. v. Rachel Harris Fifth Circuit 2022-11-18 Dismissed Response RequestedResponse Waived civil-rights constitutional-duties criminal-procedure detention due-process fifth-circuit mental-health qualified-immunity schizophrenic-inmate section-1983 Whether the Fifth Circuit erred in finding that the Due Process Clause imposes an obligation on county sheriffs to release a violently dangerous schiz…
22-438 Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. Eighth Circuit 2022-11-10 Denied Amici (1)Response Waived 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims
22-5954 David Florence v. S. Frauenheim, et al. Ninth Circuit 2022-11-01 Denied Response WaivedIFP access-to-courts amending-complaint civil-rights complaint-amendment court-retaliation due-process grievance-filing legal-procedure qualified-immunity retaliation Whether respondent can intentionally falsify their report to the court to obtain qualified immunity
22-373 David Schaszberger, et al. v. American Federation of State, County and Municipal Employees, Council 13 Third Circuit 2022-10-20 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights damages-liability due-process good-faith good-faith-defense qualified-immunity retroactivity state-action Is there a 'good faith' defense under 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional …
22-5766 Clifford Benjamin Kinkade v. United States Eighth Circuit 2022-10-05 Denied Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights due-process equal-protection qualified-immunity standing Whether the lower court erred in dismissing petitioner's claims for violation of their civil rights under 42 U.S.C. § 1983
22-5745 Deron Devaughn Mahone v. Georgia, et al. Eleventh Circuit 2022-10-03 Denied Response WaivedIFP 4th-amendment civil-rights due-process evidence-suppression fourth-amendment material-omission probable-cause qualified-immunity search-and-seizure search-warrant warrant-application Whether a reasonable officer would have known that Officer Stewart's warrant affidavit failed to establish probable cause and that he should not have …
22-293 Anthony Novak v. City of Parma, Ohio, et al. Sixth Circuit 2022-09-28 Denied Amici (5) circuit-split civil-rights first-amendment free-speech law-enforcement parody parody-speech police-misconduct qualified-immunity Whether an officer is entitled to qualified immunity for arresting an individual based solely on speech parodying the government, so long as no case h…
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?
22-5583 John Doe v. Harris County, Texas, et al. Fifth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
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…
22-224 Brent Stroman, et al. v. John Wilson, et al. Fifth Circuit 2022-09-12 Denied Response Waived 42-usc-1983 civil-rights false-arrest franks-v-delaware franks-violation grand-jury law-enforcement pleading-standards qualified-immunity section-1983 Questions Presented
22-183 Bryan Cowan, et al. v. Masa Nathaniel Warden Ninth Circuit 2022-08-29 Denied Response Waived 1983-action civil-rights criminal-plea excessive-force heck-doctrine heck-v-humphrey judicial-estoppel qualified-immunity section-1983 Whether a §1983 claim is barred under Heck when the plaintiff must disprove part of the factual basis for his criminal conviction to succeed
22-5274 Joseph Covell Brown v. Marcus Porter, et al. Fourth Circuit 2022-08-03 Denied Response WaivedIFP civil-rights constitutional-rights disciplinary-proceedings due-process higher-education ministerial-tasks procedural-due-process qualified-immunity Whether the right to procedural due process in disciplinary proceedings involving suspension, expulsion or loss of housing in publicly funded institut…
22-80 Frank Napolitano, et al. v. Laurence Washington Second Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application Whether the investigating officers are entitled to qualified immunity
22-5144 Khaled Shabani v. Tony Evers, Governor of Wisconsin, et al. Seventh Circuit 2022-07-20 Denied IFP civil-procedure civil-rights due-process federal-jurisdiction qualified-immunity standing Whether the petitioner has the right to prosecute a civil rights claim against federal officials for violating the petitioner's constitutional rights
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
22-5124 Michael Jerrial Ibenyenwa v. Elroddrock B. Wells, Sr., et al. Fifth Circuit 2022-07-19 Denied Response WaivedIFP 42-usc-1983 civil-rights constitutional-rights due-process frivolous frivolous-claims in-forma-pauperis pleadings prisoner-plaintiff qualified-immunity twombly Whether a defendant sufficiently and properly invokes a qualified immunity defense in a 42 U.S.C. 1983 civil rights action lawsuit through broad and g…
22-5011 Randolph Mays v. Illinois Illinois 2022-07-01 Denied Response WaivedIFP civil-procedure civil-rights due-process government-liability law-enforcement qualified-immunity Whether the lower court erred in its application of the legal standard for qualified immunity
22-7 Joe Carollo v. William O. Fuller, et al. Eleventh Circuit 2022-07-01 Denied discretionary-function eleventh-circuit legislative-immunity mitchell-v-forsyth municipal-elected-official municipal-official policy-making qualified-immunity scott-v-harris Whether the Eleventh Circuit Court of Appeals' narrow application of the legislative-immunity doctrine to a municipal-elected-official departs-from-an…
22-8 Anthony Momphard, Jr., Individually and in His Official Capacity as a Deputy Sheriff of the Macon County Sheriff's Department, et al. v. Melissa B. Knibbs, as Personal Representative of the Estate of Michael Scott Knibbs Fourth Circuit 2022-07-01 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment civil-rights constitutional-rights deadly-force due-process fourth-amendment law-enforcement police-use-of-force qualified-immunity use-of-force Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justified l…
21-8283 Sushila Gaur v. Maryland Maryland 2022-06-29 Denied Relisted (2)IFP civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity Whether the police's use of a chokehold on an individual during an arrest violated the individual's constitutional rights
21-8241 Randy Lassiter v. Gerald Jenkins, et al. Fourth Circuit 2022-06-28 Denied IFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment Whether the US Court of Appeals erred in granting respondents' motion for summary judgment in favor of defendants
21-1559 Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook Eleventh Circuit 2022-06-14 Denied civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the 'clearly established law' prong of a qualified immu…
21-1552 Central Specialties, Inc. v. Jonathan Large Eighth Circuit 2022-06-10 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) circuit-split civil-procedure civil-rights due-process government-official legal-standard qualified-immunity scope-of-authority standing traffic-stops Whether courts must determine that a government official was acting within the scope of his authority before proceeding to the qualified-immunity anal…
21-1540 Nita Gordon, Personal Representative of the Estate of Antonio Gordon v. Keith Bierenga Sixth Circuit 2022-06-08 Denied Relisted (2) 42-usc-1983 4th-amendment civil-rights constitutional-violation excessive-force fourth-amendment police-misconduct police-use-of-force precedent qualified-immunity section-1983 Whether qualified immunity protects government officials when no prior precedent exists recognizing the unconstitutionality of a fact pattern exactly …
21-1522 Wayne Torcivia v. Suffolk County, New York, et al. Second Circuit 2022-06-03 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment home-entry qualified-immunity special-needs-exception state-actors warrant-requirement Whether a 'special-needs exception' allows warrantless entry into a home
21-8040 Dominique Brown v. Burgess McCowan, et al. Ninth Circuit 2022-06-02 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-tort due-process prosecutorial-immunity qualified-immunity section-1983 standing state-action Can government attorneys be sued under Section 1983 for violating constitutional rights?
21-1502 Jeff Swanson v. Couy Griffin, et al. Tenth Circuit 2022-06-01 Denied civil-liberties first-amendment free-speech public-forum qualified-immunity social-media viewpoint-discrimination Did the Tenth Circuit err in reversing the decision of the District Court that Commissioner Couy Griffin was not entitled to qualified immunity after …
21-1495 Jimmy Baldea v. City of New York License Division of the NYPD New York 2022-05-31 Denied Response RequestedRelisted (2) 2nd-amendment administrative-procedure civil-rights concealed-carry due-process handgun-regulation law-enforcement licensing-rights police-officer police-powers qualified-immunity Is License Division empowered to deny an unrestricted concealed carry license to a qualified police officer, as defined by 18 U.S.C. § 926B (2017), wh…
21-1501 Orrilyln Maxwell Stallworth v. Rodney W. Hurst, et al. Eleventh Circuit 2022-05-31 Denied civil-procedure civil-rights constitutional-rights due-process law-enforcement probable-cause qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity
21-1492 Anas Elhady v. Blake Bradley Sixth Circuit 2022-05-27 Denied bivens bivens-remedy border-enforcement civil-rights collateral-order-doctrine due-process federal-law-enforcement interlocutory-appeal jurisdiction qualified-immunity Whether a court of appeals has jurisdiction to decide Bivens issue in interlocutory appeal on qualified immunity
21-1466 Lenard Johnson v. Richard Winfrey, Jr., et al. Fifth Circuit 2022-05-20 Denied 4th-amendment affidavit civil-rights damages-claim franks-v-delaware law-enforcement probable-cause qualified-immunity section-1983 warrant-affidavit Whether a law enforcement officer violates clearly established law under Franks v. Delaware if the officer does not include information in an affidavi…
21-7926 Jonathan D. Stephen, Jr. v. Palestine Police Department, et al. Fifth Circuit 2022-05-19 Denied IFP 42-usc-1983 civil-rights constitutional-violation covid-19 due-process eleventh-amendment federal-jurisdiction qualified-immunity sovereign-immunity standing state-officials Whether the plaintiffs' claims under 42 U.S.C. § 1983 for deprivation of their constitutional rights were improperly dismissed
21-7899 Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-18 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-1422 Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism Second Circuit 2022-05-05 Denied Amici (2) 2nd-amendment civil-rights deadly-force due-process fourth-amendment lethal-force police-procedure qualified-immunity self-defense standing use-of-force Does the doctrine of qualified immunity shield a police officer from suit
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?
21-1396 Dustin Dillard, et al. v. Vicki Timpa, Individually and as Representative of the Estate of Anthony Timpa, et al. Fifth Circuit 2022-04-29 Denied Response Waived 42-usc-1983 4th-amendment bystander-liability civil-rights excessive-force fourth-amendment law-enforcement-liability mental-health-intervention qualified-immunity section-1983 Whether the Fifth Circuit misapplied the Court's qualified-immunity jurisprudence
21-7580 Amos Lamar Burch v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP actual-innocence civil-procedure civil-rights criminal-procedure dna-testing due-process fourteenth-amendment free-speech post-conviction-relief qualified-immunity standing Whether the district court erred in dismissing the petitioner's claims
21-7571 Anton F. Liverpool v. Reggie Cleveland, et al. Second Circuit 2022-04-07 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law criminal-procedure due-process excessive-force habeas-corpus judicial-review qualified-immunity standing Question not identified
21-1242 Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased Eleventh Circuit 2022-03-14 Denied article-iii article-iii-standing case-or-controversy circuit-court circuit-court-precedent probable-cause qualified-immunity sovereign-immunity standing supreme-court-precedent Should the Supreme Court require the Eleventh Circuit to follow Supreme Court precedent and resolve challenges to Article III standing before resolvin…
21-1229 Saved Magazine, et al. v. Spokane Police Department, et al. Ninth Circuit 2022-03-10 Denied Response Waived civil-rights content-based-censorship content-based-restrictions due-process dueling-protests first-amendment free-speech freedom-of-speech press-freedom public-forum qualified-immunity Are the expressive rights of freedom of speech and press in the context of dueling protests so well established and particularized that the shield of …
21-1225 The Estate of Dillon Taylor, et al. v. Salt Lake City, Utah, et al. Tenth Circuit 2022-03-09 Denied Response RequestedRelisted (2) civil-procedure civil-rights excessive-force jury law-enforcement material-dispute qualified-immunity summary-judgment tenth-circuit qualified-immunity
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
21-7311 Linda Baldwin v. Office of Injured Employee Counsel Fifth Circuit 2022-03-08 Denied Response WaivedRelisted (2)IFP 14th-amendment 42-usc-1983 civil-rights due-process federal-statute qualified-immunity reckless-conduct section-1983 Under 42 U.S.C. § 1983, is a public official liable for reckless conduct that proximately injured another, even with qualified immunity?
21-7313 Domonick Deshay Wright v. United States Eighth Circuit 2022-03-08 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct probable-cause qualified-immunity reasonable-suspicion search-and-seizure traffic-stop Whether the lower courts have sanctioned a dangerous expansion of qualified immunity that shields police officers from liability for violating clearly…
21-1204 City of Chico, California, et al. v. Estate of Tyler S. Rushing, et al. Ninth Circuit 2022-03-03 Denied arrest-procedure civil-rights excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force Does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who violently attacked the officers but w…
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 …
21-1163 Carolyn L. Baburka v. Township of Hazlet, New Jersey, et al. New Jersey 2022-02-23 Denied Response Waived 14th-amendment 42-usc-1983 42-usc-1988 4th-amendment 5th-amendment civil-rights constitutional-amendments federal-law qualified-immunity search-and-seizure state-law Did the courts below commit error by failing to recognize federal law?
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
21-1125 Matthew Schantz v. Benny Deloach Eleventh Circuit 2022-02-15 Denied Response Waived 4th-amendment civil-rights deadly-force fourth-amendment objective-reasonableness police-pursuit qualified-immunity summary-judgment traffic-stop use-of-force Does the Fourth Amendment allow police to use deadly force to prevent the escape of a joyriding motorcyclist?
21-1128 John Turnure v. Latrent Redrick Sixth Circuit 2022-02-15 Dismissed Response Waived civil-rights due-process excessive-force qualified-immunity scott-v-harris sixth-circuit summary-judgment use-of-force Did the Sixth Circuit contravene Scott v. Harris, 550 U.S. 372 (2007) by ignoring record admissions, videos, and photographs to credit to Redrick with…
21-1104 John Davis v. City of Andrews, Texas, et al. Fifth Circuit 2022-02-09 Denied civil-procedure civil-rights constitutional-rights due-process false-statements law-enforcement police-misconduct qualified-immunity Whether the Fifth Circuit erred in upholding the doctrine of qualified immunity for a police officer who utilized known false statements to ensure the…
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…
21-6983 Shahid L. A. Majid, aka Arthur Moseley v. RN Richards, et al. Fourth Circuit 2022-01-27 Denied IFP 42-usc-1983 civil-rights due-process excessive-force municipal-liability qualified-immunity Whether the Seventh Circuit Court of Appeals erred in dismissing petitioner's civil rights claims against the City of Chicago and individual police of…
21-6947 Rayshawn J. Christmas, aka Rayshaun J. Christmas v. Jeff Jackson, et al. Fifth Circuit 2022-01-24 Denied Response WaivedIFP civil-procedure civil-rights due-process federal-law fifth-circuit jurisdiction mandamus qualified-immunity sovereign-immunity standing Did the Fifth Circuit Court of Appeals err in denying the appellants writ of mandamus
21-6904 Michel Thomas v. Stafflink, Inc., dba Link Staffing Services, et al. Fifth Circuit 2022-01-19 Denied Response WaivedIFP exclusionary-rule fourth-amendment probable-cause qualified-immunity reasonable-suspicion search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
21-1014 T. O., a Child, et al. v. Fort Bend Independent School District, et al. Fifth Circuit 2022-01-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 14th-amendment civil-rights constitutional-rights due-process excessive-force fourth-amendment pedagogical-purpose public-school qualified-immunity school-officials Whether a public school student is barred from bringing an excessive-force claim alleging a violation of his federal constitutional rights whenever th…
21-6878 Ronald Cox v. Benjie Nobles, Deputy Warden, et al. Eleventh Circuit 2022-01-18 Denied Amici (1)Response WaivedIFP civil-rights deliberate-indifference eighth-amendment prea-regulations prison-rape-elimination-act qualified-immunity transgender transgender-vulnerability Should the requirements of the Prison Rape Elimination Act be followed to protect the vulnerability of the transgender Petitioner in determining wheth…
21-6778 In Re Mark Thomas Garrett 2022-01-07 Denied Response WaivedIFP 42-usc-1983 appellate-jurisdiction civil-rights court-discretion due-process equal-protection exceptional-circumstances extraordinary-relief legal-remedy qualified-immunity standing writ-of-certiorari Whether the lower court erred in dismissing petitioner's claims for violation of their civil rights under 42 U.S.C. § 1983
21-973 John Colangelo, et al. v. Nicole Chase Second Circuit 2022-01-06 Dismissed Response Requested civil-rights criminal-charges due-process false-statement malicious-prosecution police-investigation procedural-grounds qualified-immunity section-1983 Whether the officers were entitled to qualified immunity where the law was not clearly established that a charge of making a false statement could be …
21-6756 Tracy Clare Micks-Harm v. William Paul Nichols, et al. Sixth Circuit 2022-01-04 Denied Response WaivedIFP absolute-immunity administrative-function civil-rights constitutional-rights HIPAA hipaa-immunity judicial-immunity proprietary-functions qualified-immunity retaliation search-and-seizure third-party-doctrine Whether rie, retaliation, deliberate indifference to the violation of civil-rights, acts committed within the scope of administrative-function, acts c…
21-947 Tettus Davis, et ux. v. Jonathon Hodgkiss Fifth Circuit 2021-12-28 Denied Response Waived 4th-amendment civil-procedure civil-rights fourth-amendment franks-challenge interlocutory-appeal probable-cause qualified-immunity search-warrant section-1983 summary-judgment Franks-v-Delaware-violation
21-860 Jane Doe v. Timothy White, et al. Ninth Circuit 2021-12-09 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) due-process fourteenth-amendment goss-standard goss-v-lopez higher-education liberty-interest procedural-due-process property-interest qualified-immunity Whether students at public colleges and universities have a liberty and property interest when facing suspension or expulsion
21-837 Robert Bohanon, et al. v. Jacqueline Lawrence, et al. Ninth Circuit 2021-12-08 Denied Amici (1)Response Waived appeals appellate-jurisdiction civil-procedure district-court federal-courts interlocutory-appeal jurisdiction qualified-immunity summary-judgment Whether a federal court of appeals has jurisdiction over an immediate appeal from a denial of qualified immunity
21-6488 Bertram S. Mann v. Florida Florida 2021-12-02 Denied IFP civil-rights class-action due-process equal-protection qualified-immunity standing Whether the Eleventh Circuit erred in dismissing petitioners' claims for lack of standing
21-786 James P. Crocker v. Steven Eric Beatty, Deputy Sheriff, Martin County, Florida Eleventh Circuit 2021-11-29 Denied Amici (2)Response Waived civil-rights constitutional-rights first-amendment free-speech police-activity public-recording public-space qualified-immunity recording-rights Whether a First Amendment right to record police activities in public has been clearly established
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
21-770 Shelby Hawkins v. Johnny Banks, III Eighth Circuit 2021-11-24 Denied Response RequestedRelisted (2) civil-rights eighth-circuit excessive-force fourth-amendment police-conduct probable-cause qualified-immunity reasonable-force use-of-force Whether the use of force was reasonable
21-774 Michelle Munger, et al. v. Brenda Davis, et al. Eighth Circuit 2021-11-24 Denied Amici (1)Response Waived 42-usc-1983 civil-rights federal-rights inmate-rights inmate-services prison private-contractor qualified-immunity Can an employee of a private contractor providing services to inmates in a county jail or state prison facility assert qualified immunity in response …
21-778 Selina Marie Ramirez, et al. v. Jeremias Guadarrama, et al. Fifth Circuit 2021-11-24 Denied Amici (1)Relisted (16) civil-rights constitutional-rights due-process excessive-force mental-health-crisis motion-to-dismiss police-conduct qualified-immunity section-1983 summary-judgment Whether plaintiffs must plead an available alternative that 'would have' avoided harm to defeat a motion to dismiss in a Section 1983 excessive-force …
21-783 Patsy K. Cope, et al. v. Leslie W. Cogdill, et al. Fifth Circuit 2021-11-24 Denied Amici (3)Response RequestedResponse WaivedRelisted (13) civil-rights constitutional-rights deliberate-indifference due-process inadequate-medical-care jail-official pretrial-detainee pretrial-detainees qualified-immunity suicide-prevention suicide-risk Whether jail officials who are subjectively aware of a substantial risk that a pretrial detainee will attempt suicide and respond to the harm unreason…
21-6381 Russell Tinsley v. Merrill Main, et al. Third Circuit 2021-11-23 Denied IFP civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech freedom-of-speech qualified-immunity retaliation standing Whether the New Jersey United States District Court denied Mr. Tinsley's First Amendment retaliation claim
21-709 Jacob Clark, et ux. v. Bernadette Stone, et al. Sixth Circuit 2021-11-15 Denied Response Waived 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a ho…
21-6153 Suran Wije v. David A. Burns, et al. Texas 2021-11-02 Denied Response WaivedRelisted (2)IFP civil-liberties due-process equal-protection equal-rights fourteenth-amendment immunity leave-to-amend liberty nondisclosure qualified-immunity sovereign-immunity Do the interests of 'justice so require' a leave to amend, when purposeful obfuscation, legal trickery, and nondisclosed affirmative defenses like imm…
21-6075 James Frei v. United States Sixth Circuit 2021-10-27 Denied Response WaivedIFP civil-rights due-process equal-protection qualified-immunity standing summary-judgment Whether the Sixth Circuit erred in its judgment
21-617 Christopher N. Payne v. Jahal Taslimi, et al. Fourth Circuit 2021-10-27 Denied Amici (2)Response Waived circuit-split civil-rights constitutional-rights due-process fourth-amendment inmate-privacy medical-confidentiality penological-interests prejudice privacy qualified-immunity Do inmates have a constitutional right to privacy in their HIV status?
21-606 Donald Shooter v. Arizona, et al. Ninth Circuit 2021-10-26 Denied appellate-review civil-procedure civil-rights constitutional-rights due-process equal-protection free-speech legislative-immunity legislative-procedure qualified-immunity standing Does this case present an important question not previously decided by the Supreme Court in which an elected member of the Arizona Legislature engaged…
21-6013 Zachary Scott Reed v. Michael Dixon, et al. Eighth Circuit 2021-10-20 Denied Response WaivedIFP appeal appellate-review civil-procedure civil-rights clear-error due-process judicial-fairness pro-se-plaintiff qualified-immunity standing Whether the failure of the district court and the appellate court to ensure an earlier legal decision is fair and just and subsequent disregard of a p…
21-569 Gregory V. Tucker v. City of Shreveport, Louisiana, et al. Fifth Circuit 2021-10-19 Denied Amici (2)Response Waived 42-usc-1983 circuit-split civil-rights constitutional-rights excessive-force fair-warning qualified-immunity section-1983 Whether police officers are entitled to qualified immunity when there is no prior caselaw declaring their actions unconstitutional in an identical fac…
21-6016 Zelda Ware v. City of Atlanta, Georgia, et al. Eleventh Circuit 2021-10-19 Denied IFP civil-rights due-process excessive-force fourth-amendment law-enforcement qualified-immunity search-warrant state-agency Whether a court order directing a state agency to pick up a child is the functional equivalent of a search warrant
21-549 Nicole Hutcheson, et al. v. Dallas County, Texas, et al. Fifth Circuit 2021-10-13 Denied Response Waived civil-rights discovery discovery-standard municipal-liability plausibility-pleading qualified-immunity summary-judgment training To what extent should discovery be allowed from third-party eyewitnesses when the only evidence in support of 'what actually happened' is a soundless …
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
21-5885 Michael Alan Webb v. Virginia Virginia 2021-10-05 Denied IFP 4th-amendment arbitration-award civil-rights district-court due-process federal-law legal-precedent manifest-disregard motion-to-vacate qualified-immunity search-and-seizure standing Whether the lower courts erred in denying the petitioner's Fourth Amendment claims regarding an allegedly unconstitutional search and seizure
21-5733 Eric Westry v. Victor Leon Second Circuit 2021-09-21 Denied Relisted (2)IFP brady-violation civil-rights due-process excessive-force police-misconduct qualified-immunity standing summary-judgment How is it proper and legal for the court to state there were undisputed facts of physical-assault, threatening-behavior, physical-resistance, false-na…
21-423 Jason Cunningham, Individually and as Administrator ad Litem and Personal Representative of the Estate of Nancy Jane Lewellyn, Deceased v. Robert Paschal, et al. Sixth Circuit 2021-09-20 Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force material-fact qualified-immunity summary-judgment tolan-v-cotton use-of-force Does the ruling in this case violate Rule 56 and Supreme Court precedent?
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
21-317 Dean Koch v. Ohio Department of Natural Resources, et al. Sixth Circuit 2021-08-31 Denied Response Waived 11th-amendment 42-usc-1983 bostock-v-clayton-county civil-rights-act civil-rights-act-of-1871 constitutional-interpretation eleventh-amendment judicial-doctrine qualified-immunity statutory-construction Does the Decision of the Sixth Circuit herein violate the canons of statutory construction
21-264 San Diego County, California, et al. v. Ana Sandoval, et al. Ninth Circuit 2021-08-24 Denied Amici (1) circuit-split civil-rights clearly-established-rights deliberate-indifference due-process fourteenth-amendment medical-care medical-needs pretrial-detainee qualified-immunity Whether a pretrial detainee must show subjective awareness of medical needs or only objective unreasonableness
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
21-217 Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al. Tenth Circuit 2021-08-16 Denied civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause Did the lower courts err in dismissing Petitioner's Federal Takings claim and claim for inverse condemnation against Defendants with prejudice at the …
21-187 Hamdi Mohamud v. Heather Weyker Eighth Circuit 2021-08-10 Denied Amici (2)Relisted (2) bivens bivens-remedy circuit-split civil-rights constitutional-violation fourth-amendment law-enforcement-overreach qualified-immunity ziglar-v-abbasi Whether a constitutional remedy is available against federal officers for individual instances of law enforcement overreach in violation of the Fourth…
21-152 Estate of Madison Jody Jensen, by Her Personal Representative Jared Jensen v. Kennon Tubbs Tenth Circuit 2021-08-04 Denied civil-rights correctional-facilities due-process medical-personnel mental-health mental-health-facilities qualified-immunity Whether private medical personnel working in correctional or mental-health facilities can assert qualified immunity
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…
21-5267 Robert Drawn, IV v. Robert Neuschmid, Warden Ninth Circuit 2021-07-30 Denied Response WaivedIFP civil-rights constitutional-claims district-court-assessment due-process equal-protection judicial-review legal-standard qualified-immunity reasonable-jurists summary-judgment writ-of-certiorari Did petitioner demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong?
21-57 Levi Frasier v. Christopher L. Evans, et al. Tenth Circuit 2021-07-15 Denied Amici (7) civil-rights constitutional-rights due-process first-amendment free-speech law-enforcement police-conduct police-recording public-conduct qualified-immunity Whether training or law enforcement policies can be relevant to whether a police officer is entitled to qualified immunity
21-5079 Donnell Bledsoe v. Richard J. Guiliani, Judge, Superior Court of California, San Joaquin County, et al. Ninth Circuit 2021-07-13 Denied Relisted (2)IFP 42-usc-1983 civil-rights color-of-law criminal-procedure due-process qualified-immunity Whether Section 242 of Title 18 of the United States Code provides a remedy for the deprivation of constitutional rights under color of law
21-5033 Relonzo Phillips v. Melody M. Maddox, Sheriff, Dekalb County, Georgia Georgia 2021-07-08 Denied IFP civil-procedure civil-rights due-process judicial-economy malicious-prosecution patent pendent-jurisdiction qualified-immunity standing state-law-claims summary-judgment takings Whether the lower court erred in its application of the legal standards for standing, due-process, civil-rights, takings, patent, civil-procedure
21-5051 Shangia Washington v. Cedric Taylor, Warden, et al. Eleventh Circuit 2021-07-08 Denied Response WaivedIFP civil-rights constitutional-rights due-process eleventh-circuit precedent prison prison-conditions qualified-immunity risk-of-harm subjective-knowledge Whether the United States Court of Appeals for the Eleventh Circuit is following its precedent prior to Hope v. Pelzer to require a prior case on all …
21-5038 Donnell Bledsoe v. Stockton Police Department, et al. Ninth Circuit 2021-07-07 Denied Relisted (2)IFP civil-rights constitutional-law criminal-procedure due-process excessive-force exclusionary-rule fourth-amendment police-misconduct qualified-immunity search-and-seizure section-1983 Whether the Fourteenth Amendment and 42 U.S.C. § 1983 prohibit law enforcement officers from using excessive force against individuals who are handcuf…
20-1806 Kim R. Helper v. Patrick H. Stockdale, et al. Sixth Circuit 2021-06-25 Denied absolute-immunity civil-rights first-amendment giglio-disclosure giglio-v-united-states law-enforcement qualified-immunity retaliation Did the Sixth Circuit err in granting qualified immunity to the state district attorney and in denying her absolute immunity for communicating to the …
20-1796 Justin Strolis v. Lucas Heise Eleventh Circuit 2021-06-24 Denied civil-rights co-defendant-identification fourth-amendment malicious-prosecution probable-cause qualified-immunity summary-judgment witness-identification Whether the Eleventh Circuit erred in applying a presumption of credibility to a co-defendant's identification of the plaintiff in a malicious prosecu…
20-1768 Ron Fenn v. City of Truth or Consequences, New Mexico, et al. Tenth Circuit 2021-06-21 Denied civil-rights constitutional-rights due-process free-speech government-accountability government-actor qualified-immunity standing supreme-court-precedent Did the lower courts err in dismissing Petitioners' case on the basis of Qualified-Immunity
20-1752 Devar Hurd v. Stacey Fredenburgh Second Circuit 2021-06-16 Denied Amici (1) civil-rights constitutional-deprivation due-process eighth-amendment fourteenth-amendment liberty-interest prolonged-incarceration qualified-immunity Whether prolonged incarceration past a release date is an objectively serious deprivation under clearly established Eighth Amendment law
20-1696 Jeriel Edwards v. Steven Harmon, et al. Tenth Circuit 2021-06-08 Denied Response Waived bodycam-evidence bodycam-video civil-rights civil-rights 20-1695" civil-rights-litigation de-novo-standard excessive-force fifth-circuit-review frcp-60b4-motion inherent-court-powers jurisdictional-requirements qualified-immunity rule-54-attorney-fees section-1983 summary-judgment Whether the Fifth Circuit can refuse to review the Does Scott v. Harris alter or merely implement traditional summary-judgment
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…
20-1685 Scott Fulford, et al. v. George Wingate Fourth Circuit 2021-06-04 Denied civil-liability fourth-amendment law-enforcement-training qualified-immunity reasonable-suspicion terry-stop totality-of-circumstances totality-of-the-circumstances Whether the Fourth Amendment requires that seemingly innocent factors be eliminated from the totality of the circumstances analysis for a Terry stop, …
20-1668 City of Tahlequah, Oklahoma, et al. v. Austin P. Bond, as Special Administrator of the Estate of Dominic F. Rollice, Deceased Tenth Circuit 2021-06-01 Judgment Issued Amici (6)Relisted (4) deadly-force fourth-amendment intoxicated-individual officer-safety police-conduct qualified-immunity seizure use-of-force Whether use-of-force that is reasonable can nonetheless violate the Fourth-Amendment
20-8159 Craig S. Robledo-Valdez v. Aramark Correctional Services, LLC, et al. Tenth Circuit 2021-05-27 Denied IFP civil-rights county-deputy due-process employment-status government-immunity law-enforcement legal-standing notice-of-intent qualified-immunity standing state-government state-law Does a county jail deputy qualify as a 'state employee'?
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…
20-1629 George Wingate v. Scott Fulford, et al. Fourth Circuit 2021-05-20 Denied civil-rights constitutional-arrest due-process fourth-amendment law-enforcement police-misconduct qualified-immunity standing Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justificat…
20-8089 Emem Ufot Udoh v. Minnesota Department of Human Services, et al. Eighth Circuit 2021-05-20 Dismissed Response WaivedIFP civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process fourteenth-amendment fourth-amendment haines-v-kerner municipal-liability pro-se-litigation qualified-immunity standing Whether pro-se-litigants are held to the same legal standards as counseled-litigants
20-1591 Ashwin Khobragade v. Covidien LP Ninth Circuit 2021-05-17 Denied Response Waived civil-procedure civil-rights due-process employment employment-law federal-rules fraud qualified-immunity rico stare-decisis white-collar-litigation Is the Defendant Covidien LP entitled to the absolute qualified immunity?
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
20-1578 William A. Graven v. Arizona Ninth Circuit 2021-05-14 Denied Response Waived 11th-amendment civil-rights criminal-acts due-process qualified-immunity respondeat-superior service-of-process sovereign-immunity state-official-immunity state-officials Whether state officials can be sued in their individual capacities for alleged criminal acts under Ex Parte Young
20-1539 Daniel Rivas-Villegas v. Ramon Cortesluna Ninth Circuit 2021-05-05 Judgment Issued Amici (1)Relisted (3) civil-rights constitutional-violation excessive-force fourth-amendment graham-v-connor law-enforcement ninth-circuit plumhoff-v-rickard qualified-immunity supreme-court-precedent Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner based…
20-1540 Victor J. Edney v. Eondra Lamone Hines, et al. Fifth Circuit 2021-05-05 Denied Response WaivedRelisted (2) civil-procedure civil-rights court-jurisdiction default-judgment government-liability governmental-immunity legal-action motion-for-default qualified-immunity sovereign-immunity Why should the petitioners' motion of frivolous-claims be granted by this court?
20-1524 Advantageous Community Services, LLC, et al. v. Gary King, et al. Tenth Circuit 2021-05-03 Denied civil-procedure civil-rights due-process hope-v-pelzer legal-immunity medicaid-fraud qualified-immunity state-employees Should the doctrine of qualified immunity be limited or abolished?
20-7906 Gerald J. Silva v. United States First Circuit 2021-05-03 Denied Response WaivedIFP brady-v-maryland civil-rights double-jeopardy due-process qualified-immunity search-and-seizure Whether the petitioner's constitutional rights were violated by the government's actions
20-1519 Ismael Rivera v. Glennis Gelabert-De-Peguero, et al. First Circuit 2021-04-29 Dismissed appellate-review civil-procedure civil-rights district-court due-process judicial-doctrine police-conduct police-officer qualified-immunity standing Whether Police Officer Ismael Rivera was correctly denied his entitlement to qualified-immunity
20-1471 Jonathan Lozada, Deputy Sheriff, in His Individual Capacity v. Dudley Teel, as Personal Representative of the Estate of Susan Teel Eleventh Circuit 2021-04-20 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process excessive-force fourth-amendment graham-factors law-enforcement obvious-factual-clarity-rule qualified-immunity use-of-force Whether the Graham factors apply to a law enforcement officer's use of force during a call for service that does not involve commission of a crime
20-7799 Susan W. Vaughan v. Shannon Foltz, et al. Fourth Circuit 2021-04-20 Denied Response WaivedIFP civil-rights constitutional-rights due-process familial-association family-law fourth-amendment liberty-deprivation qualified-immunity standing state-statute Is Troxel v Granville correctly applied to a case that has nothing to do with grandparents' visitation requests, but is used, nevertheless, as grounds…
20-1461 Jairo Acosta, Police Officer for the City of Los Banos v. Tan Lam, as Successor-in-Interest to Decedent Sonny Lam, aka Son Tung Lam Ninth Circuit 2021-04-19 Denied Response RequestedResponse WaivedRelisted (2) civil-rights due-process evidence officer-credibility plain-error police-use-of-force ptsd ptsd-evidence qualified-immunity reasonable-officer threat-assessment use-of-force Is it plain error to admit evidence of a police officer's remote PTSD diagnosis to challenge the officer's credibility and prove he was more likely to…
20-1438 Tina Cates v. Bruce D. Stroud, et al. Ninth Circuit 2021-04-14 Denied Amici (2)Response RequestedRelisted (2) civil-rights constitutional-law courts-of-appeals due-process fourth-amendment legal-doctrine precedent qualified-immunity search-and-seizure standing Whether the unanimous conclusion of multiple other courts of appeals suffices to clearly establish the law for purposes of qualified immunity
20-7698 Derrick Michael Allen, Sr. v. Town of Cary Police Department, et al. Fourth Circuit 2021-04-09 Dismissed Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process qualified-immunity standing Whether the issue of action as frivolous and/or for failure to state a claim against the Town of Cary's Police Department and Police Chief Tom Decurti…
20-7704 Daghrib Shaheed, et al. v. Stephan Kroski, et al. Second Circuit 2021-04-09 Denied IFP 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?
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 …
20-1392 Jason Fowler, et al. v. Brittany Irish, et al. First Circuit 2021-04-05 Denied Amici (2)Relisted (3) circuit-split civil-procedure civil-rights constitutional-duty due-process law-enforcement qualified-immunity state-created-danger Did the First Circuit err in denying qualified immunity to Petitioners?
20-1384 Amy Everett v. Cobb County, Georgia, et al. Eleventh Circuit 2021-04-02 Denied Response Waived cease-and-desist civil-rights constitutional-rights custom-and-practice due-process first-amendment free-speech law-enforcement-discretion malicious-prosecution qualified-immunity speech-protection Question not identified
20-7627 Khaled Shabani v. City of Madison, Wisconsin, et al. Seventh Circuit 2021-04-01 Denied Response WaivedIFP 4th-amendment civil-rights due-process federal-court free-speech judgment malicious-prosecution police-department qualified-immunity related-cases state-court Whether the petitioner's constitutional rights were violated by the police and prosecutors
20-1362 Davdrin Goffin v. Robbie K. Ashcraft, et al. Eighth Circuit 2021-03-30 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force excessive-force fourth-amendment police-shooting probable-cause qualified-immunity search-and-seizure tennessee-v-garner use-of-force Is an officer entitled to qualified immunity for shooting an unarmed fleeing suspect?
20-1336 Denis Quinette v. Dilmus Reed, et al. Eleventh Circuit 2021-03-24 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights cruel-and-unusual-punishment due-process fourth-amendment inmate-abuse qualified-immunity supervisory-liability Whether jail command supervisors are entitled to qualified immunity for repeated supervisory failures resulting in a foreseeable, inevitable, and unco…
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?
20-1318 Vincent W. Shack v. NBC Universal Media, LLC, et al. Ninth Circuit 2021-03-22 Denied bivens-action civil-rights civil-rights-violation constitutional-rights due-process federal-agents governmental-immunity qualified-immunity Does the law afford the means to prevent and redress alleged civil rights abuse by public officers and agencies?
20-7490 Martin Stanley Ivie v. Washington Washington 2021-03-18 Denied IFP administrative-law civil-rights commerce-clause due-process excessive-force false-charges interstate-commerce medical-cannabis police-misconduct qualified-immunity regulatory-burden state-licensing Whether it is legally permissible for police to use excessive force against a U.S. citizen committing no crimes, including shooting the person in the …
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?
20-1280 Joseph Cotropia v. Mary Chapman Fifth Circuit 2021-03-15 Denied Response Waived civil-rights constitutional-law fair-warning fourth-amendment government-immunity per-se-unreasonable probable-cause qualified-immunity search-and-seizure warrantless-search warrantless-searches Whether the presumption that warrantless searches are per se unreasonable is so obvious a violation of the Fourth Amendment that the presumption gives…
20-1269 Amanda Kay Renfroe, et al. v. Robert Denver Parker, et al. Fifth Circuit 2021-03-12 Denied Response Waived civil-procedure civil-rights constitutional-interpretation due-process judicial-discretion judicial-review legal-doctrine qualified-immunity separation-of-powers standing Qualified-immunity-violates-separation-of-powers
20-7355 Cleophus Reed, Jr. v. United States Eighth Circuit 2021-03-08 Denied IFP criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
20-7332 Justin Laster v. Georgia, et al. Eleventh Circuit 2021-03-05 Denied Response WaivedIFP 11th-amendment civil-rights due-process qualified-immunity standing takings unidentified-issue Whether the United States Court of Appeals for the Eleventh Circuit erred in dismissing Petitioner's civil rights claims against the State of Georgia …
20-1172 George Ponik, et al. v. Jamie Williams, Individually and as Administratrix ad Prosequendum of the Estate of Peter Lee Williams, Deceased, et al. Third Circuit 2021-02-25 Dismissed Response RequestedResponse Waived civil-procedure civil-rights due-process excessive-force law-enforcement objective-reasonableness qualified-immunity summary-judgment May a Court refuse to engage in the requisite two step qualified-immunity analysis
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?
20-1082 Raymond Gardner v. Matthew T. Mglej Tenth Circuit 2021-02-08 Denied civil-rights constitutional-rights fourth-amendment fourth-amendment-search identification identification-statute law-enforcement qualified-immunity terry-stop Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5() for refusal to hand over an identification document vio…
20-1066 Ashlyn Hoggard v. Ron Rhodes, et al. Eighth Circuit 2021-02-04 Denied Amici (6)Relisted (8) case-precedent circuit-split constitutional-rights factual-similarity first-amendment higher-standard legal-standard public-university qualified-immunity Whether qualified immunity shields public-university officials from liability
20-1006 City of Hayward, California, et al. v. Jessie Lee Jetmore Stoddard-Nunez Ninth Circuit 2021-01-27 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights due-process excessive-force fourth-amendment qualified-immunity section-1983 seizure use-of-force Whether an accelerating fleeing driver's sudden turn deprives a threatened shooting officer of qualified-immunity
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…
20-997 Arlane James, et al. v. Noah Bartelt Third Circuit 2021-01-26 Denied Response RequestedResponse WaivedRelisted (5) civil-procedure civil-rights deadly-force johnson-v-jones law-enforcement officer-involved-shooting qualified-immunity self-defense summary-judgment third-circuit use-of-force Whether the Third Circuit's decision to exercise jurisdiction over an appeal of the District Court's denial of qualified immunity on a motion for summ…
20-951 Mary Stewart, as Administrator of the Estate of Luke O. Stewart, Sr., Deceased v. City of Euclid, Ohio, et al. Sixth Circuit 2021-01-15 Denied Amici (6) 42-usc-1983 civil-rights constitutional-violation deliberate-indifference fourth-amendment municipal-liability qualified-immunity section-1983 Where a municipal employee has violated the Constitution, must a plaintiff point to 'clearly established law' (such as would overcome a defense of qua…
20-896 Teresa M. Graham v. Shannon L. Barnette, et al. Eighth Circuit 2021-01-07 GVR Response RequestedRelisted (2) circuit-split community-caretaking fourth-amendment home-entry home-search qualified-immunity search-and-seizure warrant-requirement whether-the-community-caretaking-exception-extends-to-the-home
20-6763 Arnold Maurice Mathis v. Zulaika Zoe Vizcarrondo Eleventh Circuit 2021-01-04 Denied Response WaivedIFP compensatory-damages false-arrest fourteenth-amendment fourth-amendment qualified-immunity statute-of-limitations warrantless-search Whether the Court of Appeals for the Eleventh Circuit correctly dismissed Petitioners Counts ILand IIL of the Original Complaint for false arrest on t…
20-879 Arthur Lopez v. United States, et al. Ninth Circuit 2021-01-04 Denied Response Waived civil-rights constitutional-torts federal-officials federal-tort-claims-act qualified-immunity sovereign-immunity Whether the Westfall Act provides personal immunity for federal officials for constitutional torts
20-870 John W. Orem, et ux. v. Matthew Gillmore, et al. Fourth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights fourth-amendment medical-privacy probable-cause qualified-immunity search search-and-seizure Whether the Respondent State Trooper's lack of probable cause to search was sufficiently clear, when all reasonable inferences are made in Petitioner'…
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…
20-875 Sok Kong, Trustee for Next of Kin of Map Kong, Decedent v. City of Burnsville, Minnesota, et al. Eighth Circuit 2020-12-31 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) appellate-review circuit-split district-court genuine-issue-of-material-fact interlocutory-appeal material-fact qualified-immunity standard-of-review summary-judgment Whether, on interlocutory review of a denial of qualified-immunity, an appellate court may reject a district court's determination of a genuine-issue-…
20-876 Jeanine Liberti, et vir v. City of Scottsdale, Arizona, et al. Ninth Circuit 2020-12-31 Denied Response Waived 42-usc-1983 civil-rights common-law constitutional-rights due-process legal-doctrine police-liability police-misconduct qualified-immunity section-1983 Should the qualified-immunity doctrine be abolished?
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…
20-6716 Mack Calvin Martin v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2020-12-29 Denied Response WaivedIFP 4th-amendment civil-rights due-process excessive-force qualified-immunity search-and-seizure Whether the petitioner's alleged pretrial bias against him violated his due process rights
20-825 Christopher Brewer v. Teresa Hooks, et al. Eleventh Circuit 2020-12-18 Denied 4th-amendment causal-connection fourth-amendment informant informant-testimony probable-cause qualified-immunity search-warrant section-1983 Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admi…
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
20-6614 Derek Jarvis v. Isiah Leggett, et al. Maryland 2020-12-11 Denied Relisted (2)IFP civil-rights county-liability due-process government-liability legal-precedent malicious-conduct malicious-prosecution official-immunity qualified-immunity stare-decisis venue-transfer Whether the Maryland Court of Appeals erred in holding that Isiah Leggett was not liable for malicious acts by his county officials Michael Subin and …
20-6573 Ellis Keyes v. Matt Wilson, et al. Eleventh Circuit 2020-12-09 Denied IFP 11th-circuit civil-rights deadly-force due-process judicial-intervention municipal-liability order-to-show-cause police-restraint police-use-of-force qualified-immunity standing Whether the 11th Circuit erred in denying the motion for order to show cause why defendant police should not be restrained from using deadly force
20-741 Tacara Anderson, on Behalf of Minor Child M. A. v. Officer Jonathan Vazquez Eleventh Circuit 2020-11-30 Denied Response Waived 4th-amendment bodily-injury civil-rights due-process excessive-force law-enforcement qualified-immunity use-of-force Are federal courts required to afford qualified immunity to a law enforcement officer who released a K9 on a child causing serious bodily injury?
20-744 Michael Wigginton, Jr. v. The University of Mississippi, et al. Fifth Circuit 2020-11-30 Denied Response Waived 42-usc-1983 circuit-split civil-rights clearly-established-right due-process fifth-circuit hope-v-pelzer qualified-immunity state-actors supreme-court-precedent Whether the Fifth Circuit's grant of qualified immunity to the state actors named in the instant matter was violative of Supreme Court precedent estab…
20-738 Donald Grochowski, as Administrator of the Estate of Kenneth Grochowski, Deceased, et al. v. Clayton County, Georgia, et al. Eleventh Circuit 2020-11-27 Denied Response Waived cell-design civil-rights detainee-safety due-process inadequate-staffing jail-conditions legislative-immunity objective-reasonableness qualified-immunity substantial-risk Whether the trial court and panel erred in failing to draw inferences in Grochowski's favor and find that the conditions and systems created a substan…
20-6431 John L. Howell v. David Adler, et al. Fifth Circuit 2020-11-25 Denied IFP article-iii-powers bankruptcy barton-injunctions civil-procedure civil-rights constitutional-rights due-process judicial-immunity non-core-claims qualified-immunity quasi-judicial-immunity To deny a plaintiff's constitutional right to due process and prohibit suit against a particular set of defendants who it wishes to shield from liabil…
20-726 In Re Stephanie Michael 2020-11-25 Denied Response Waived administrative-procedure administrative-procedure-act forum-non-conveniens judicial-review mandamus qualified-immunity res-judicata va-benefits veterans-claims veterans-judicial-review-act Whether agency actions affecting the provision of VA benefits under applicable law may be reviewed by any other official or by any court of competent …
20-6416 Devon M. Byrd v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-24 Denied IFP civil-procedure civil-rights due-process qualified-immunity standing takings-clause Whether the court erred in dismissing petitioner's claims under the Takings Clause and Due Process Clause
20-676 J. P., By and Through His Guardian Ad Litem, Shannon Villanueva v. Alameda County, California, et al. Ninth Circuit 2020-11-17 Denied civil-rights constitutional-rights due-process emotional-harm fair-notice first-amendment foster-care fourteenth-amendment qualified-immunity Whether emotional harm alone triggers 42 U.S.C. §1983 liability
20-670 Jill Dillard, et al. v. Kathy O'Kelley, et al. Eighth Circuit 2020-11-16 Denied Response Waived circuit-split constitutional-right constitutional-rights digital-age informational-privacy precedent-analysis qualified-immunity sexual-abuse supreme-court-precedent Whether the Court's opinion in National Aeronautics and Space Administrator, et al. v. Nelson diverged from its previous holdings in Whalen v. Roe and…
20-636 Shase Howse v. Thomas Hodous, et al. Sixth Circuit 2020-11-10 Denied and strike him in the neck when he poses no threa and whether a Fourth Amendment malicious prosecut tackle him circuit-split civil-rights excessive-force false-arrest fourth-amendment malicious-prosecution qualified-immunity unlawful-arrest Whether the law is clearly established that an officer cannot arrest a person whom the officer has no reason to believe committed a crime, tackle him …
20-605 Kiernan Wholean, et al. v. CSEA SEIU Local 2001, et al. Second Circuit 2020-11-05 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense qualified-immunity unconstitutional Is there a 'good faith defense' to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig…
20-600 Anthony Sevy v. Philip Barach Sixth Circuit 2020-11-04 Denied 4th-amendment civil-rights constitutional-rights excessive-force first-amendment free-speech government-official qualified-immunity retaliation retaliatory-force symbolic-protest Does the First Amendment prohibit government officials from using retaliatory force against an individual exercising protected speech?
20-582 Shadreck Kifayatuthelezi v. South Carolina Department of Corrections, et al. Fourth Circuit 2020-11-03 Denied civil-rights compensation eighth-amendment fourteenth-amendment incarceration qualified-immunity release-date seventh-amendment state-law Whether the Eighth Amendment, the Fourteenth Amendment, and/or state law provide a source of compensation when an inmate is incarcerated past his lawf…
20-585 Greg Vasquez, et al. v. Maritza Amador, Individually and as Representative of the Estate of Gilbert Flores and as Next Friend of Minor R. M. F., et al. Fifth Circuit 2020-11-03 Denied Amici (1)Response RequestedRelisted (2) civil-rights deadly-force fourth-amendment law-enforcement police-intervention police-use-of-force qualified-immunity reasonableness-standard suicide-by-cop use-of-force Reasonableness-of-force-under-4th-Amendment
20-578 Sergeant Gary Hedger, et al. v. Ronald Graves Sixth Circuit 2020-11-02 Denied Response RequestedRelisted (7) deadly-force fourth-amendment homicidal-suspect law-enforcement perceived-threat qualified-immunity taser-deployment use-of-force violent-suspect Did the Sixth Circuit misapply or disregard this Court's precedent by holding that a law enforcement officer violates the Fourth Amendment and clearly…
20-6177 John Leo Davis v. Goodyear Police Department, et al. Ninth Circuit 2020-10-30 Denied Relisted (2)IFP civil-procedure civil-rights due-process law-enforcement prisoner-rights qualified-immunity retaliation sexual-abuse standing Whether it is proper for a district court to dismiss a case before first allowing discovery and an evidentiary hearing on the contention that the case…
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
20-508 Brandon S. LaVergne v. Michael Vaughn, et al. Fifth Circuit 2020-10-16 Denied Response Waived civil-rights due-process first-amendment free-speech mail-restriction qualified-immunity religious-freedom solitary-confinement turner-test Can a prisoner's 1st amendment right to correspondence be totally revoked without a hearing or due process?
20-476 Rafael Martinez, et al. v. Bryheim Jamar Baskin New Jersey 2020-10-13 Denied 42-u.s.c.a.-§-1983 civil-procedure civil-rights constitutional-violation due-process law-enforcement municipal-liability police-misconduct qualified-immunity section-1983 Is the petitioner/Police Detective Rafael Martinez protected by qualified immunity in this action brought under 42 U.S.C.A. § 1983?
20-477 Shanika Day, et al. v. Franklin Wooten, et al. Seventh Circuit 2020-10-13 Denied Response RequestedResponse WaivedRelisted (2) asphyxiation civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement positional-asphyxiation qualified-immunity section-1983 Does an arrestee have a clearly established right to have his difficulty breathing considered by officers in their handcuff and adverse body position,…
20-5955 Charles Lynch Pettis v. United States Eighth Circuit 2020-10-08 Denied Relisted (3)IFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Whether the United States Court of Appeals erred in its interpretation and application of the Fourth Amendment's protections against unreasonable sear…
20-5946 Roberto Antoine Darden v. Barbara Von Blanckensee, Warden Ninth Circuit 2020-10-07 Denied Response WaivedIFP administrative-law civil-rights disciplinary-notice district-court due-process federal-procedure habeas-corpus liberty-interest prisoner-rights procedural-grounds qualified-immunity Whether the Ninth Circuit's decision that due process was satisfied because the officer's act was 'above the norm' conflicts with other appellate cour…
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
20-5911 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-10-05 Denied Relisted (2)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-422 Sarah R. Lee v. Ohio Education Association, et al. Sixth Circuit 2020-10-02 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 civil-rights constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
20-5846 Anthony C. Green v. Kelly Lake, Sheriff, Carlton County, Minnesota, et al. Eighth Circuit 2020-10-01 Denied Response WaivedRelisted (2)IFP 8th-circuit civil-commitment civil-rights constitutional-standard due-process excessive-force fourteenth-amendment objective-reasonableness qualified-immunity Whether the 8th Circuit's decision is contrary to Kingsley
20-391 Jody Lombardo, et al. v. City of St. Louis, Missouri, et al. Eighth Circuit 2020-09-25 Denied Amici (3)Relisted (21) civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-misconduct qualified-immunity reasonable-jury Whether a reasonable jury could find that officers used excessive force when they put a handcuffed and shackled person face-down on the ground and pre…
20-381 Hamilton County Job and Family Services, et al. v. Joseph Siefert, et ux. Sixth Circuit 2020-09-24 Denied 42-usc-1983 child-services circuit-conflict civil-rights due-process medical-care qualified-immunity state-action state-actor Did the Sixth Circuit err in its qualified-immunity analysis?
20-5789 Gerard Nguedi v. Brian Caulfield, et al. Second Circuit 2020-09-24 Denied IFP civil-procedure civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-misconduct qualified-immunity Are police officers entitled to qualified immunity even if they use substantial force against non-threatening suspected misdemeanants?
20-5745 Bradley William Monical v. Christina Towers, et al. Ninth Circuit 2020-09-17 Denied Response WaivedIFP administrative-law civil-rights constitutional-provisions due-process government-employees governmental-powers judicial-review legal-standards park-county-orders qualified-immunity statutory-provisions Whether government employees' aid in violating clearly established park county orders and administrative law amounts to a due process violation
20-353 J. H., By Conservator, Betty Harris v. Williamson County, Tennessee, et al. Sixth Circuit 2020-09-16 Denied civil-procedure civil-rights constitutional-rights due-process fair-warning hope-v-pelzer qualified-immunity reasonable-standard state-actor Is Hope v. Pelzer dead in the Court's analysis of qualified-immunity?
20-346 D. Ashley Pennington v. Beattie I. Butler Fourth Circuit 2020-09-15 Denied Response Waived civil-procedure civil-rights due-process employment-termination first-amendment fourth-circuit public-defender qualified-immunity scott-v-harris standing Whether the Fourth Circuit should have exercised jurisdiction and considered evidence regarding qualified immunity
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Whether Officer Bass had probable cause to arrest under the Fourth Amendment
20-263 Nanette Blanchard-Daigle, Representative of the Estate of Lyle Blanchard v. Shane Geers, et al. Fifth Circuit 2020-09-02 Denied civil-procedure civil-rights constitutional-rights due-process excessive-force fifth-circuit law-enforcement police-misconduct qualified-immunity use-of-force Whether the Fifth Circuit erred by overlooking precedent in determining whether an officer enjoys qualified immunity after applying deadly excessive f…
20-5573 In Re Abdul Mahhadie Underwood 2020-09-02 Denied IFP civil-rights due-process equal-protection exhaustion-of-remedies qualified-immunity standing Whether the district court erred in dismissing the petitioner's civil rights claims without addressing the merits
20-253 Christopher Castagna, et al. v. Harry Jean, et al. First Circuit 2020-09-01 Denied community-caretaking fourth-amendment home-sanctity police-intrusion qualified-immunity sanctity-of-home search-and-seizure warrantless-entry Whether the community caretaking exception to the Fourth Amendment's warrant requirement applies to warrantless, unconsented-to entries by police offi…
20-245 Patricia Nelson v. Esteban Rivera Sixth Circuit 2020-08-31 Denied Response RequestedResponse WaivedRelisted (2) civil-rights excessive-force eyewitness-testimony qualified-immunity summary-judgment tolan-v-cotton Whether the Sixth Circuit erred in granting qualified immunity despite evidence supporting the plaintiff's position
20-5550 Robert Kelvin Lindbloom v. Manatee County, Florida, et al. Eleventh Circuit 2020-08-31 Denied IFP civil-procedure civil-rights false-evidence legal-procedure motion-to-dismiss perjury qualified-immunity standing Do specific and particular allegations of perjury and submitting false evidence overcome a presumption of qualified immunity in a Motion to Dismiss?
20-5526 Norman Paul Blanco v. Debbie Asuncion, Warden Ninth Circuit 2020-08-27 Denied IFP 42-usc-1983 civil-rights due-process municipal-liability qualified-immunity supervisory-liability Can a public official be held liable for the constitutional violations of their subordinates?
20-226 Kenneth Ratliff v. Aransas County, Texas, et al. Fifth Circuit 2020-08-26 Denied Response Waived civil-procedure civil-rights due-process excessive-force municipal-liability pleading-standard qualified-immunity summary-judgment Should lower federal courts demand a heightened pleading standard for municipal liability claims?
20-5504 Kevin L. Martin v. Cathleen Capron, et al. Seventh Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP appellate-jurisdiction civil-rights court-discretion due-process equal-protection federal-pleading jurisdictional-review pleading-standards procedural-standards qualified-immunity standing statutory-interpretation Whether the Court of Appeals erred in concluding that the Petitioner's due process and equal protection claims were correctly dismissed by the distric…
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
20-183 Billy D. Stair, III v. Charles Jackson Eighth Circuit 2020-08-19 Denied excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner base…
20-5400 Gary Allen Kachina v. United States Eighth Circuit 2020-08-18 Denied Relisted (3)IFP civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
20-5350 Jordan Duke Venable v. City of Phoenix, Arizona, et al. Ninth Circuit 2020-08-13 Denied Response WaivedIFP access-to-courts administrative-remedies civil-rights due-process prison-mail qualified-immunity Whether the Court of Appeals erred in affirming the district court's dismissal of petitioner's claims that prison officials violated his constitutiona…
20-5353 Ramone L. Wright v. United States Sixth Circuit 2020-08-13 Denied Response WaivedIFP 42-usc-1983 appellate-procedure civil-rights constitutional-law due-process equal-protection judicial-review legal-precedent qualified-immunity standing statutory-interpretation whether-the-court-erred-in-dismissing-the-petitioner's-claims-on-the-basis-of-lack-of-standing
20-5230 Arthur Lopez v. Newport Beach Police Department, et al. Ninth Circuit 2020-07-30 Dismissed Response WaivedRelisted (2)IFP 4th-amendment civil-rights due-process probable-cause qualified-immunity search-and-seizure Whether the seizure and warrantless search of a vehicle and its contents, including a cell phone, violates the Fourth Amendment rights of the vehicle'…
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…
20-5140 Wilfredo Torres v. City of New York, New York, et al. Second Circuit 2020-07-22 Denied Response WaivedIFP appellate-review civil-procedure civil-rights district-court due-process judicial-procedure petition-for-certiorari qualified-immunity standing warrantless-raids warrantless-search Whether the U.S. District Court-Southern District of New York and the U.S. Court of Appeals for the Second Circuit erred in dismissing the petitioner'…
20-50 Monica Voss v. Gregory G. Goode Fifth Circuit 2020-07-21 Denied 4th-amendment appellate-review civil-procedure civil-rights clearly-established-right due-process fourth-amendment qualified-immunity section-1983 standing sua-sponte Whether an appellate court may impute third-party actions to a § 1983 claimant as the basis for qualified immunity
20-43 Amanda N. Reich, et al. v. City of Elizabethtown, Kentucky, et al. Sixth Circuit 2020-07-17 Denied civil-rights due-process police-shooting qualified-immunity section-1983 sham-affidavit summary-judgment Whether the Sixth Circuit's extreme approach to the 'sham-affidavit' rule should be overturned in favor of the more flexible standards prevailing in o…
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?
20-13 Brandon S. Lavergne v. Burl Cain, Warden, et al. Fifth Circuit 2020-07-13 Denied Response WaivedRelisted (2) civil-procedure civil-rights constitutional-rights disciplinary-action due-process equal-protection first-amendment free-speech legal-correspondence prisoner-mail qualified-immunity standing Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause
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…
19-1466 Tammy Korthals v. Bradley Strozeski Sixth Circuit 2020-07-07 Denied Response Waived 42-usc-1983 civil-procedure civil-rights due-process hope-v-pelzer non-decisional-evidence police police-liability qualified-immunity standing Whether non-decisional evidence must be considered when determining the protections of qualified-immunity
19-1430 Richard Polidi v. Michelle K. Lee, et al. Federal Circuit 2020-06-26 Denied Response WaivedRelisted (2) absolute-immunity brady-v-maryland civil-procedure civil-rights constitutional-rights due-process ethics-prosecution exculpatory-evidence federal-circuit-jurisdiction fifth-amendment immunity qualified-immunity standing subject-matter-jurisdiction Whether the Fifth Amendment provides a remedy for ethics violations
19-1416 Mateusz Fijalkowski v. M. Wheeler, et al. Fourth Circuit 2020-06-25 Denied civil-procedure civil-rights constitutional-law due-process judicial-doctrine law-enforcement police-misconduct qualified-immunity standing takings western-political-theory Whether the Court should revisit its qualified immunity doctrine
19-8785 Brandon Williams v. Roy Cooper, Governor of North Carolina, et al. Fourth Circuit 2020-06-23 Denied IFP bill-of-rights civil-procedure civil-rights constitutional-violations due-process federal-jurisdiction judicial-ethics qualified-immunity standing Did the United States Court of Appeals for the Fourth Circuit exceed its enumerated powers and violate basic principles of federalism
19-1379 Andrew McKinley v. Christopher Lee-Murray Bey Sixth Circuit 2020-06-16 Dismissed Response Waived civil-rights constitutional-rights equal-protection fourth-amendment investigation investigatory-detention law-enforcement pre-contact qualified-immunity race race-discrimination Does the Equal Protection clause require an officer who initiated a pre-contact investigation for non-race related reasons to break off the investigat…
19-8699 Jeremy P. Spencer v. Lieutenant Minter, et al. Fifth Circuit 2020-06-15 Denied IFP 4th-amendment civil-rights due-process excessive-force qualified-immunity unlawful-arrest Whether the petitioner's constitutional rights were violated by the use of excessive force and unlawful arrest by law enforcement officers
19-1370 Kimberley Thames v. City of Westland, Michigan, et al. Sixth Circuit 2020-06-12 Denied abortions brandenburg-test criminal-threat first-amendment free-speech monell-claim municipal-liability naacp-v-claiborne-hardware qualified-immunity true-threats westland Did Petitioner's arrest and subsequent detention based on her speech violate her clearly established rights as set forth in Watts v. United States, Vi…
19-8613 Abdul Shabazz Wiggins v. Virginia Virginia 2020-06-05 Denied IFP anderson-v-creighton civil-rights due-process graham-v-connor hope-v-pelzer hudson-v-mcmillian qualified-immunity strickland-v-washington supreme-court-precedent use-of-force Whether the General District and Circuit Courts of Suffolk ignored the defendant's right to Qualified-Immunity
19-8511 Herbert W. Morrison, Jr. v. Andrew J. Hale Eighth Circuit 2020-05-21 Denied Response WaivedIFP 4th-amendment civil-rights civil-rights-action collateral-estoppel fourth-amendment heck-doctrine Heck-v-Humphrey illegal-search-and-seizure qualified-immunity section-1983 Whether 42 U.S.C. §1983 civil-rights claims based on 4th-amendment illegal-search-and-seizure are barred under Heck-v-Humphrey, collateral-estoppel, o…
19-8512 Alexander P. Mhlanga v. Jennifer Hicks Sixth Circuit 2020-05-21 Denied Response WaivedIFP 14th-amendment 4th-amendment civil-rights damages due-process qualified-immunity Whether the defendant violated the plaintiff's constitutional rights under the Fourth Amendment and Equal Protection Clause
19-8506 David James Ward v. United States Third Circuit 2020-05-20 Denied Response WaivedIFP 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's prohibition on unreasonable searches and seizures
19-8495 Misbah Abdul-Kareem v. Vermont Department of Health Second Circuit 2020-05-18 Denied IFP civil-procedure civil-rights due-process free-speech qualified-immunity standing Whether the court erred in dismissing the petitioner's claims for lack of standing and failure to state a claim
19-1291 Charles Hamner v. Danny Burls, Warden, et al. Eighth Circuit 2020-05-14 Denied Amici (7) affirmative-defense circuit-split civil-procedure civil-rights constitutional-law constitutional-prong due-process federal-appellate-courts qualified-immunity standing state-actors sua-sponte Is qualified immunity an affirmative defense that state actors must assert, as nine circuits hold, or may federal appellate courts raise the defense s…
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked probable cause (…
19-1266 H. B., a Minor, Individually and as Successor in Interest to Michelle Lee Shirley, By and Through His Guardian ad Litem, Ronnie Shirley v. City of Torrance, California, et al. Ninth Circuit 2020-05-05 Denied Response Waived 4th-amendment civil-rights excessive-force fourth-amendment objective-reasonableness police-conduct qualified-immunity scott-v-harris summary-judgment use-of-force In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of leth…
19-1261 Trent Michael Taylor v. Robert Riojas, et al. Fifth Circuit 2020-04-30 GVR Amici (2)Relisted (4) 42-usc-1983 circuit-split civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment eighth-amendment government-officials obvious-violation prisoner-rights qualified-immunity section-1983 standing Whether the unconstitutionality of government officials' conduct is clearly established even absent binding precedent directly on point
19-1225 Paul Hunt v. Board of Regents of the University of New Mexico, et al. Tenth Circuit 2020-04-17 Denied Amici (8)Relisted (7) constitutional-rights first-amendment free-speech off-campus-speech political-speech professional-conduct professional-norms public-university qualified-immunity student-speech university-policy Whether Respondents violated Mr. Hunt's clearly established rights as a private citizen under the First Amendment by punishing him for his off-campus,…
19-8265 Jerry Wilson Hartley v. United States Fourth Circuit 2020-04-15 Denied Response WaivedIFP appellate-review civil-rights constitutional-interpretation damages due-process judicial-review legal-scope procedural-rights qualified-immunity standing state-actor Are the actions of a district court in denying a motion to dismiss a civil rights claim for damages against a state actor constitutional?
19-8224 James William Neuman v. Nathan Callahan, et al. Iowa 2020-04-08 Denied IFP civil-rights clerk-conspiracy court-records document-tampering due-process fraud fraud-allegations judicial-misconduct qualified-immunity retaliation theft Do the Black Hawk County Clerks have qualified immunity when they conspired to delete or erase a payment and not follow court orders
19-8083 Antwune Washington v. Mississippi Mississippi 2020-03-23 Denied Response WaivedIFP civil-procedure civil-rights due-process qualified-immunity standing takings Whether the U.S. Court of Appeals for the Fifth Circuit erred in concluding that the petitioner's claims were barred by qualified immunity
19-1130 Dale Danielson, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2020-03-16 Denied Relisted (9) 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights court-ruling good-faith-defense private-entities qualified-immunity restitution retroactivity takings Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
19-1126 Stacey Mooney v. Illinois Education Association, et al. Seventh Circuit 2020-03-13 Denied Relisted (9) 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 takings Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
19-7902 In Re Darnell W. Moon 2020-03-06 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings Whether the 11th Circuit erred in dismissing petitioner's civil rights claims
19-1093 Aleashia Clarkston, et al. v. John White Fifth Circuit 2020-03-05 Denied Response Waived civil-rights constitutional-rights due-process fifth-circuit government-officials legal-standard qualified-immunity section-1983 standing takings Did the Fifth Circuit err in holding that there is a second type of qualified immunity—that government officials are also entitled to qualified immuni…
19-1083 Jeffrey A. Clouser v. Kim Doherty, et al. Delaware 2020-03-04 Denied Response Waived civil-rights conflict-of-interest constitutional-rights due-process equal-protection official-misconduct qualified-immunity sovereign-immunity state-tort-claims state-tort-claims-act whistleblower-protection Whether the Delaware Supreme Court's application of sovereign immunity unconstitutionally places state financial interests above individual rights
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…
19-1067 Neal N. Browder, et al. v. S. R. Nehad, et al. Ninth Circuit 2020-02-28 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights deadly-force due-process emergency-response fourth-amendment law-enforcement police-conduct police-shooting qualified-immunity use-of-force Did the Ninth Circuit err in denying qualified immunity to a police officer who responded to a midnight emergency call about a suspect threatening oth…
19-7790 Brenda Mason, Individually and on Behalf of Quamaine Dwayne Mason, et vir v. Martin Faul Fifth Circuit 2020-02-26 Denied Relisted (6)IFP civil-procedure civil-rights constitutional-rights due-process excessive-force fifth-circuit objective-reasonableness police-misconduct qualified-immunity standing use-of-force Whether a finding of 'objectively unreasonable excessive force' can be squared with a finding of qualified immunity
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…
19-1033 Daniel Enrique Cantú v. James M. Moody, et al. Fifth Circuit 2020-02-19 Denied bivens bivens-claim civil-rights constitutional-violation due-process evidence-fabrication fabricated-evidence federal-officer qualified-immunity standing Whether a plaintiff may pursue a claim under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging that…
19-7709 John A. Toth v. Peter Antonacci, et al. Eleventh Circuit 2020-02-19 Denied IFP 42-usc-1983 civil-rights constitutional-violation criminal-procedure due-process eleventh-circuit equal-protection federal-review habeas-corpus ineffective-assistance qualified-immunity treaty Whether the violation of any State or Federal Courts, Treaties, Rights or Privileges by any and all State and/or Federal Agents and individuals, both …
19-1021 Micah Jessop, et al. v. City of Fresno, California, et al. Ninth Circuit 2020-02-18 Denied Amici (12)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights fourth-amendment law-enforcement police-misconduct property-rights property-seizure qualified-immunity search-and-seizure search-warrant seizure Whether it is clearly established that the Fourth Amendment prohibits police officers from stealing property listed in a search warrant
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
19-7619 Therian Cornelia Wimbush v. R. L. Conway, et al. Eleventh Circuit 2020-02-10 Dismissed IFP civil-procedure civil-rights due-process government-liability law-enforcement qualified-immunity Question not identified.
19-1001 Noble Cooper, et al. v. Officer Oliver Flaig, et al. Fifth Circuit 2020-02-10 Denied Response WaivedRelisted (7) civil-procedure civil-rights constitutional-rights due-process excessive-force law-enforcement police-accountability qualified-immunity Should the Court eliminate or significantly revise the judicially created doctrine of qualified immunity to protect the people's core constitutional r…
19-7554 Roger Hillygus v. Frances Doherty, et al. Ninth Circuit 2020-02-05 Denied Response WaivedIFP 42-usc-1983 civil-rights civil-rights-42-usc-1983,false-arrest,due-process, due-process false-arrest guardianship-fraud judicial-procedure qualified-immunity standing Did the trial court err when it dismissed with prejudice all of Plaintiffs' claims under 42 USC § 1983 when Plaintiff Roger Hillygus has suffered fals…
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 …
19-7508 Jeffrey D. Leiser v. Karen Kloth, et al. Seventh Circuit 2020-01-30 Denied Response RequestedResponse WaivedRelisted (2)IFP by triggering PTSD symptoms rise to a level that is cognizable under the Eigh that caused psychological harm civil-rights correctional-officer correctional-officer-duties due-process eighth-amendment emotional-distress inmate-rights intentional-infliction-of-emotional-distress psychological-harm ptsd qualified-immunity Does the intentional infliction of severe emotional distress, by triggering PTSD symptoms, that caused psychological harm, rise to a level that is cog…
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
19-7444 Ameen Abdullah Muhammad v. John Kozelski, et al. Fourth Circuit 2020-01-28 Denied IFP administrative-law civil-procedure civil-rights due-process equal-protection qualified-immunity standing statutory-interpretation Whether the petitioner's constitutional rights were violated by the respondents' actions
19-7452 Jeffrey R. Golin, et ux. v. San Andreas Regional Center, et al. California 2020-01-28 Denied IFP 42-usc-1983 civil-procedure civil-rights civil-rights-42-usc-1983 constitutional-violation developmental-disability due-process government-officials governmental-duties governmental-immunity harmless-error jury-determination qualified-immunity standing Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights actio…
19-7453 Nancy Delaney v. San Andreas Regional Center, et al. California 2020-01-28 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights civil-rights-42-usc-1983 constitutional-violation developmental-disability due-process government-officials governmental-duties harmless-error involuntary-confinement jury-determination qualified-immunity standing Whether persons who are not government officials and not performing governmental duties can claim qualified immunity
19-926 Kim Davis v. David Ermold, et al. Sixth Circuit 2020-01-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) ashcroft-v-al-kidd civil-rights constitutional-rights due-process obergefell-v-hodges qualified-immunity religious-freedom same-sex-marriage sixth-circuit zablocki-v-redhail Whether the Sixth Circuit erred in its analysis of the right-to-marry for same-sex couples
19-7366 In Re Andrew J. Johnston 2020-01-22 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection qualified-immunity standing takings Whether the court of appeals erred in dismissing petitioner's civil rights claims for lack of standing and failure to state a claim
19-899 Shaniz West v. Doug Winfield, et al. Ninth Circuit 2020-01-21 Denied Amici (3)Relisted (6) 4th-amendment civil-rights consent due-process excessive-force fourth-amendment law-enforcement property-damage property-rights qualified-immunity Whether an officer who has consent to 'get inside' a house but instead destroys it from the outside is entitled to qualified immunity in the absence o…
19-7319 Thomas Bradford Waters v. John Stewart, et al. Fourth Circuit 2020-01-16 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-procedure civil-rights constitutional-claims due-process evidentiary-standards excessive-force free-speech judicial-interpretation legal-procedure procedural-review qualified-immunity standing summary-judgment takings Whether the district court erred by granting summary judgment in favor of the defendant, despite the plaintiff's claims that there were genuine issues…
19-889 Kaufman County, Texas, et al. v. Eunice J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer, et al. Fifth Circuit 2020-01-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights due-process fifth-circuit law-enforcement police-conduct qualified-immunity summary-judgment use-of-force Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly establi…
19-868 Aaron Miner, et al. v. Steven L. Picatti Idaho 2020-01-14 Denied Response RequestedRelisted (2) 42-U.S.C.-1983 42-usc-1983 civil-rights clearly-established-rights constitutional-rights excessive-force factual-disputes qualified-immunity summary-judgment May a court decline to address qualified-immunity argument based on factual disputes?
19-872 Matthew Reid Hinson v. R. A. Bias, et al. Eleventh Circuit 2020-01-14 Denied Response RequestedResponse WaivedRelisted (3) appellate-jurisdiction civil-procedure collateral-order district-court factual-review factual-sufficiency qualified-immunity summary-judgment surveillance-video Did the Eleventh Circuit exceed its limited jurisdiction when, on appeal from a denial of summary judgment in a qualified-immunity case, it vacated th…
19-7226 Tony Robinson v. Illinois Illinois 2020-01-13 Denied Response WaivedIFP 35-usc-101 civil-procedure civil-rights due-process equal-protection first-amendment patent qualified-immunity standing takings Whether the Illinois Appellate Court erred in dismissing petitioner's civil rights claim
19-7252 Clarence Joseph Jason v. Robert Tanner, Warden, et al. Fifth Circuit 2020-01-10 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process excessive-force inmate-safety prison-conditions qualified-immunity Whether a prison's 'control policy' that allows inmates to attack other inmates violates the Eighth Amendment's prohibition on cruel and unusual punis…
19-7199 Paul Tooly v. John F. Schwaller Second Circuit 2020-01-07 Denied Response WaivedRelisted (2)IFP civil-rights due-process employee-rights first-amendment free-speech qualified-immunity retaliation standing university-administration workplace-violence Whether the then President of SUNY Potsdam, John Schaller, should be denied qualified immunity for retaliating against an employee for reporting workp…
19-842 Mark J. Schwartz v. Clark County, Nevada, et al. Ninth Circuit 2020-01-03 Denied abuse-of-discretion civil-procedure civil-rights district-court-discretion federal-jurisdiction judicial-bias qualified-immunity section-1983 seniority-manipulation state-law supplemental-jurisdiction Does the district court abuse its discretion when it fails to differentiate between federal and state law claims under 28 U.S.C. §1367?
19-811 Christine Almas Rose, Individually and as Mother of Jessie Lee Rose, et al. v. City of Utica, New York, et al. Second Circuit 2019-12-27 Denied Response Waived 2nd-amendment civil-rights constitutional-rights due-process excessive-force free-speech mental-health-intervention police-procedure qualified-immunity use-of-force Did the Second Circuit commit legal error when it granted qualified immunity to the police officer
19-800 Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al. Fourth Circuit 2019-12-23 Denied Response Waived circuit-split civil-rights deshhaney due-process fourth-amendment police-liability qualified-immunity state-created-danger Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's pr…
19-7028 Jess Lee Green v. Joe Errington Fifth Circuit 2019-12-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-provisions due-process equal-protection federal-jurisdiction jurisdiction qualified-immunity standing statutory-provisions Whether the Fifth Circuit erred in dismissing petitioner's civil rights claims for lack of standing
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…
19-794 Daniel Macias, et al. v. Raymond Nichols, et al. Ninth Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2) circuit-split civil-dispute civil-procedure civil-rights district-of-columbia-v-wesby fourth-amendment law-enforcement ninth-circuit probable-cause qualified-immunity section-1983 wesby Whether the Ninth Circuit departed from this Court's qualified immunity decisions
19-6985 Boaz Pleasant-Bey v. Shelby County, Tennessee, et al. Sixth Circuit 2019-12-18 Denied Response WaivedIFP appellate-procedure appropriate-relief circuit-court-conflict first-amendment-free-exercise inmate-led-religious-services inmate-rights qualified-immunity rluipa rluipa-appropriate-relief-clause sixth-circuit trial-on-merits trial-on-the-merits Whether RLUIPA's 'appropriate relief' clause encompasses the requested relief of a trial on the merits
19-6982 Ernest Collins v. Barnes & Thornburg LLP, et al. Seventh Circuit 2019-12-17 Denied Relisted (2)IFP 1983-civil-rights-act case-review civil-procedure civil-rights due-process eighth-amendment excessive-fines federal-procedure fourteenth-amendment incorporation judicial-discretion qualified-immunity section-1691 standing statutory-interpretation Whether the Eighth Amendment's prohibition on excessive fines applies to the states under the Fourteenth Amendment's Due Process Clause
19-771 Gerald Sensabaugh v. Kimberly Halliburton, et al. Sixth Circuit 2019-12-16 Denied Response Waived civil-procedure civil-rights common-law due-process first-amendment free-speech personnel-file protected-speech public-employee qualified-immunity retaliation standing takings Whether the Court should reconsider its qualified-immunity jurisprudence to accord with the official's burden of establishing immunity entitlement at …
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…
19-725 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…
19-701 Lloyd N. Johnson v. Karen Rimmer, et al. Seventh Circuit 2019-12-03 Denied civil-procedure civil-rights deliberate-indifference due-process immunity institutional-care medical-care medical-negligence mental-health professional-judgment qualified-immunity standing youngberg Whether the 'professional judgment standard' articulated in Youngberg can be reduced to 'whether the worst doctor in America would say ok'
19-6776 William Dawson v. Bryan K. Wells Fourth Circuit 2019-11-27 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-provisions criminal-procedure due-process excessive-force good-faith habeas-corpus jurisdiction police-misconduct qualified-immunity sentencing voluntary-manslaughter writ Whether the petitioner is entitled to a remand of the case with instructions for the district court to reduce his or her sentence to time served and o…
19-676 Joseph A. Zadeh, et al. v. Mari Robinson, et al. Fifth Circuit 2019-11-26 Denied Amici (2)Response RequestedResponse WaivedRelisted (6) civil-procedure civil-rights constitutional-rights due-process government-liability judicial-precedent law-enforcement legal-doctrine qualified-immunity section-1983 standing Whether the Court should recalibrate or reverse the doctrine of qualified immunity
19-679 Amy Corbitt v. Michael Vickers Eleventh Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) burden-of-proof civil-rights constitutional-rights due-process excessive-force interlocutory-appeal law-enforcement pleading-requirement pleading-standards police-use-of-force qualified-immunity section-1983 use-of-force Whether qualified immunity is an affirmative defense or a pleading requirement
19-680 Kenneth Sealey, et al. v. J. Duane Gilliam, et al. Fourth Circuit 2019-11-26 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 4th-amendment civil-rights due-process summary-judgment civil-procedure civil-rights constitutional-rights district-court due-process fourth-circuit legal-analysis qualified-immunity standing summary-judgment Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immunity analysis as to each officer and e…
19-682 Melanie Kelsay v. Matt Ernst Eighth Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split civil-rights due-process excessive-force fourth-amendment non-compliance police-misconduct qualified-immunity use-of-force Are police officers entitled to qualified immunity as a matter of law even if they use substantial force against non-threatening suspected misdemeanan…
19-661 Mynor Abdiel Tun-Cos, et al. v. B. Perrotte, et al. Fourth Circuit 2019-11-22 Denied 4th-amendment bivens bivens-action civil-rights constitutional-rights due-process federal-law-enforcement federal-tort-claims-act immigration-enforcement law-enforcement qualified-immunity search-and-seizure Whether victims of an unconstitutional search and seizure may bring a civil action against rogue agents under Bivens v. Six Unknown Named Agents of th…
19-656 William Anderson v. City of Minneapolis, Minnesota, et al. Eighth Circuit 2019-11-21 Denied Response RequestedResponse WaivedRelisted (6) circuit-split civil-rights constitutional-rights due-process emergency-responders first-responders hypothermia hypothermia-treatment qualified-immunity state-created-danger Whether the burden of persuasion in qualified immunity cases should be on the plaintiff or the defendant
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
19-649 N. E. L., et al. v. Monica Gildner, et al. Tenth Circuit 2019-11-19 Denied Response Waived 4th-amendment child-custody civil-rights decisional-law due-process fourth-amendment jurisdiction post-removal-hearing post-seizure-hearing qualified-immunity uccjea Were Colorado's UCCJEA requirements detailed enough to defeat qualified immunity in a Fourth Amendment claim arising from the denial of a post-seizure…
19-624 Mark Graf, et al. v. Hyung Seok Koh, et ux. Seventh Circuit 2019-11-15 Denied Response Waived 5th-amendment civil-procedure civil-rights coercive-interrogation due-process fifth-amendment interlocutory-appeal johnson-v-jones qualified-immunity seventh-circuit Whether the Seventh Circuit's renouncement of jurisdiction over Petitioners' interlocutory appeal misapplied Johnson v. Jones
19-626 Robert Huff, et al. v. Michele Choate Tenth Circuit 2019-11-15 Denied 4th-amendment civil-rights excessive-force fourth-amendment graham-v-connor pre-seizure-conduct qualified-immunity reckless-creation Whether the Tenth Circuit's 'reckless creation' theory, which imposes liability for the creation of the need to use force, should be barred because it…
19-614 Cesar Vizcarra, et al. v. Monica Ortiz, Individually and as Co-Successor in Interest to Decedent Christian Pena, et al. Ninth Circuit 2019-11-13 Denied Response Waived anderson-v-liberty-lobby armed-suspect civil-rights excessive-force interlocutory-appeal johnson-v-jones law-enforcement mitchell-v-forsyth qualified-immunity summary-judgment taser use-of-force Whether qualified immunity bars liability for officers' use of force against an armed, combative suspect
19-6625 Samuel R. Jones v. Erica Huss Sixth Circuit 2019-11-13 Denied IFP civil-procedure civil-rights due-process qualified-immunity question-not-identified search-and-seizure standing takings Whether the Sixth Circuit erred in affirming the district court's dismissal of petitioner's claims under the Fourth and Fourteenth Amendments
19-609 Erin J. Shepherd, et al. v. Angela Studdard Sixth Circuit 2019-11-12 Denied Relisted (3) 4th-amendment civil-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity sixth-circuit summary-judgment use-of-force Whether police officers are entitled to qualified immunity for shooting a knife-wielding suspect on open ground based on a case involving a shooting-t…
19-6512 Michael Allen Channel, Sr. v. John Brinker, et al. Ninth Circuit 2019-11-07 Denied IFP 4th-amendment civil-procedure civil-rights constitutional-law due-process excessive-force judicial-review legal-precedent qualified-immunity search-and-seizure standing statutory-interpretation Whether the defendants' warrantless seizure and search of the plaintiffs' home violated the Fourth Amendment's prohibition on unreasonable searches an…
19-580 Jun Xiao v. Regents of the University of Minnesota, et al. Minnesota 2019-11-04 Denied Relisted (2) civil-procedure civil-rights due-process Fourteenth Amendment equal-protection qualified-immunity civil-rights due-process equal-protection first-amendment fourteenth-amendment property-rights qualified-immunity section-1983 standing takings Whether the state district court erred in dismissing Petitioner's 42 U.S.C. § 1983, Fourteenth Amendment equal protection claim for failure to state a…
19-6480 Dario Rodriguez v. Rick Scott, et al. Eleventh Circuit 2019-11-04 Denied IFP civil-procedure civil-rights constitutional-rights due-process equal-protection federal-jurisdiction free-speech judicial-review legal-dismissal procedural-fairness qualified-immunity retaliation standing Whether the petitioner's constitutional rights to free speech, due process, and equal protection were violated
19-6371 Wesley Jefferson v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-10-24 Denied Response WaivedIFP 18-usc-1505 18-usc-1515 18-usc-1519 civil-rights constitutional-rights discovery documentary-evidence due-process federal-procedure obstruction-of-justice qualified-immunity summary-judgment Would a United States Federal Court be in error, if it granted qualified immunity to a Defendant in a case, where video and/or documentary evidence, c…
19-523 Victor Bernard Williams v. Baptist Health, dba Baptist Health Medical Center, et al. Eighth Circuit 2019-10-22 Denied Response Waived 2014 revocation of a medical license by the Arkan adverse-negative-reports adverse-reports civil-action civil-rights federal-cause-of-action federal-claims medical-license medical-license-revocation qualified-immunity res-judicata state-board Whether the April 8, 2014 revocation of Plaintiffs Arkansas medical license gave rise to a new federal cause of action not barred by res judicata
19-529 Robert Sanchez Turner v. Al Thomas, Jr., et al. Fourth Circuit 2019-10-22 Denied Response Waived actual-knowledge-of-danger affirmative-act civil-rights constitutional-rights cut-off-all-avenues-of-recourse due-process law-enforcement public-safety qualified-immunity racial-violence shock-the-conscience specific-individual-or-public state-created-danger What analytical framework applies to the state-created danger doctrine?
19-6274 Sergei Kovalev v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2019-10-16 Denied Response WaivedIFP civil-rights constitutional-rights due-process employee-immunity first-amendment free-speech freedom-of-information freedom-of-speech government-accountability government-liability municipal-liability public-access qualified-immunity Whether the First Amendment guarantees the right to enter public offices and seek information or petition the government
19-6273 Henry Cyrus Lucas v. Florida Florida 2019-10-15 Denied Relisted (2)IFP 4th-amendment civil-procedure civil-rights due-process liberty qualified-immunity search-and-seizure standing takings Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
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
19-466 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…
19-409 City of Cleveland, Ohio, et al. v. Ricky Jackson, et al. Sixth Circuit 2019-09-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 42-usc-1988 brady-disclosure brady-v-maryland circuit-split civil-rights civil-rights-42-usc-1983 federal-law municipal-liability personal-injury personal-injury-claims qualified-immunity section-1983 section-1988 state-law state-law-survival-rule survival Whether §1988 requires the survival of §1983 claims to be determined using the state-law survival rule for the most closely analogous state cause of a…
19-6028 Adam Lane v. Adam Nading, et al. Eighth Circuit 2019-09-23 Denied Response WaivedIFP 42-usc-1983 4th-amendment civil-rights constitutional-violation fourth-amendment knock-and-announce parole-search parole-searches qualified-immunity Whether qualified immunity applies to § 1983 actions for failure to knock-and-announce in parole searches
19-5991 Howard Lee White v. Romeo Aranas, et al. Ninth Circuit 2019-09-18 Denied IFP appellate-review civil-procedure civil-rights due-process equal-protection judgment lower-court-decisions qualified-immunity standard-of-review standing summary-judgment Did the lower courts err in granting summary judgment to the defendant?
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
19-350 Stephen Busch, et al. v. Shari Guertin, et al. Sixth Circuit 2019-09-17 Denied 14th-amendment bodily-integrity civil-rights due-process free-speech qualified-immunity regulatory-action standing Whether the 14th Amendment's constitutional right to 'bodily integrity' extends to a right to be protected from foreseeable harm in public drinking wa…
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…
19-308 Blanca Arizmendi v. Patrick Gabbert Fifth Circuit 2019-09-06 Denied Response Waived civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest Was the officer's arrest of Petitioner with a warrant based on clearly established law?
19-289 County of San Diego, California, et al. v. James Soler Ninth Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2) arrest arrest-procedure civil-rights due-process extradition-warrant fourteenth-amendment jail-staff mistaken-identity procedural-due-process qualified-immunity When a prisoner is held under authority of a facially valid warrant, do individual jail staff members have a duty under the Fourteenth Amendment to in…
19-276 Jose Luis Garza, et al. v. City of Donna, Texas Fifth Circuit 2019-08-30 Denied Response RequestedResponse WaivedRelisted (2) civil-rights detainee-mistreatment due-process episodic-act-or-omission evidentiary-standard fact-question free-speech legal-interpretation municipal-liability municipal-policy qualified-immunity section-1983 summary-judgment Did the panel err in determining that the signs posted by Respondent were too 'inexact' and 'nebulous' in meaning to constitute municipal policy for §…
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…
19-222 Paul Anthony Valderas v. City of Lubbock, Texas, et al. Fifth Circuit 2019-08-20 Denied 4th-amendment civil-rights constitutional-rights deadly-force due-process excessive-force fourth-amendment law-enforcement police-conduct police-use-of-force qualified-immunity reasonable-force reasonable-inference use-of-force Whether an officer on the scene constrained by what he observes to use any force creates a reasonable inference that deadly force is excessive?
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
19-5564 Montye Benjamin v. Lynn Thomas Eleventh Circuit 2019-08-13 Denied IFP 42-usc-1983 civil-rights disputed-facts due-process federal-court federal-courts law-enforcement qualified-immunity section-1983 standing summary-judgment Whether a defense of qualified immunity raised by a law enforcement officer in a § 1983 action is a valid basis for a Federal court to resolve dispute…
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?
19-174 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…
19-5475 Mitchell Taebel v. Maricopa County Attorney's Office, et al. Ninth Circuit 2019-08-06 Denied Relisted (2)IFP 4th-amendment civil-rights constitutional-rights due-process excessive-force fourteenth-amendment fourth-amendment law-enforcement police-misconduct qualified-immunity standing unreasonable-seizure Whether the petitioner's constitutional rights were violated
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…
19-5385 Darlene Rodgers v. Taura McDaniel, et al. Eighth Circuit 2019-07-31 Denied IFP calumnious-decision civil-monetary-penalties civil-rights civil-rights,qualified-immunity,civil-procedure,du compensatory-settlement court-errors due-process judicial-misconduct legal-procedure miscarriage-of-justice qualified-immunity vicarious-liability Whether 8th Circuit Court is vicariously liable
19-5338 Anna Maria Agolli v. District of Columbia, et al. District of Columbia 2019-07-25 Denied Response WaivedIFP abuse-of-discretion civil-rights constitutional-rights criminal-misconduct due-process false-imprisonment government-liability government-misconduct immunity-defense qualified-immunity statute-of-limitations Should Courts allow qualified immunity to protect governments and their employees in spite of evidence?
19-5245 Michelle Renee Lamb v. Joe Norwood, et al. Tenth Circuit 2019-07-19 Denied Response WaivedIFP 42-usc-1983 administrative-law civil-procedure civil-rights due-process equal-protection qualified-immunity standing statutory-interpretation Whether the lower court erred in dismissing the petitioner's claims for violation of their civil rights under 42 U.S.C. § 1983
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
19-56 Mark Milner, et al. v. Vincent Mares, Executive Director, New Mexico Racing Commission, et al. Tenth Circuit 2019-07-09 Denied Response Waived 42-U.S.C.-§-1983 42-usc-1983 civil-procedure civil-rights constitutional-rights due-process government-accountability harlow-v-fitzgerald new-mexico qualified-immunity Did the lower courts err in dismissing Petitioners' cases on the basis of Qualified Immunity in the face of US Supreme Court precedent and New Mexico …
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…
18-1555 Scott A. Boyler v. City of Lackawanna, New York, et al. Second Circuit 2019-06-20 Denied Response Waived aggravated-harassment constitutional-rights first-amendment free-speech free-speech,civil-rights,retaliation,qualified-imm malicious-prosecution qualified-immunity retaliation social-media summary-judgment Whether retaliation chilled free speech under an objective or subjective test
18-1558 Marshall Spiegel v. Corrine McClintic, et al. Seventh Circuit 2019-06-20 Denied civil-procedure civil-rights due-process first-amendment free-speech freedom-of-expression law-enforcement-liability municipal-liability public-photography qualified-immunity standing Does the First Amendment protect a person's right to photograph or videotape in public?
18-1553 Cheri Marie Hanson, as Trustee for the Next of Kin of Andrew Derek Layton v. Daniel Best, et al. Eighth Circuit 2019-06-19 Denied Response Waived civil-rights constitutional-violation due-process excessive-force excited-delirium fourth-amendment police-practices police-restraint police-training positional-asphyxia qualified-immunity use-of-force Was the use of prolonged prone restraint with compressive force on an individual who was already handcuffed and hobble-tied a clearly established cons…
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?
18-9675 Tommy Dean Bullcoming v. United States Tenth Circuit 2019-06-14 Denied Response WaivedIFP civil-procedure civil-rights credibility-determination de-novo-review due-process evidence law-enforcement-testimony qualified-immunity scott-v-harris standard-of-review summary-judgment video-evidence Should a video recording of the actual events that clearly contradicts the sworn testimony of an officer support de novo review of the district court'…
18-9668 Miguel Angel Arias v. Ashley B. Moody, et al. Eleventh Circuit 2019-06-13 Denied Response WaivedIFP civil-rights constitutional-rights due-process fraud fraud-abuse government-immunity government-misconduct judicial-ethics official-immunity official-misconduct qualified-immunity takings Does a government official maintain immunity after using their position to commit fraud and enrich themselves?
18A1308 Liane Shekter-Smith, et al. v. Shari Guertin, et al. Sixth Circuit 2019-06-13 Presumed Complete bodily-integrity constitutional-rights drinking-water qualified-immunity state-regulators substantive-due-process Whether state regulators can be held liable under substantive due process for failing to protect citizens from foreseeable risks of harm in public dri…
18A1286 Paul Tooly v. John F. Schwaller Second Circuit 2019-06-10 Presumed Complete constitutional-rights due-process hostile-work-environment qualified-immunity second-circuit workplace-violence Whether a state university official is entitled to qualified immunity when allegations of workplace violence and hostile work environment are raised i…
18-9553 Marvin Eugene Jones v. California California 2019-06-05 Denied IFP 4th-amendment civil-rights constitutional-provisions due-process jurisdiction probable-cause qualified-immunity search-and-seizure standing statutory-provisions Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-1510 Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. Eleventh Circuit 2019-06-04 Denied civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity Whether the court of appeals erred in denying qualified immunity to Dr. Rodriguez-Garcia without identifying precedent clearly establishing the violat…
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
18A1251 City of Chicago, Illinois, et al. v. Maurice Lewis Seventh Circuit 2019-06-03 Presumed Complete accrual-of-claim false-arrest fourth-amendment legal-process qualified-immunity wrongful-detention Whether a Fourth Amendment claim for wrongful pretrial detention accrues when the detention ends or at a different point in time
18-9391 Josephine McGowan v. Walmart Stores Tenth Circuit 2019-05-23 Denied IFP civil-procedure civil-rights due-process equal-protection jurisdiction qualified-immunity standing takings Whether the petitioner was treated in an unconstitutional manner by various officials
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…
18-1435 Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas Sixth Circuit 2019-05-15 Denied Response Waived civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop Whether a police officer can immediately initiate a second traffic stop in response to a driver's offensive speech to change the original discretionar…
18-9254 Larry B. Rubin v. Hector Sanchez, et al. Seventh Circuit 2019-05-14 Denied Relisted (2)IFP civil-procedure civil-rights due-process equal-protection first-amendment qualified-immunity standing Whether the U.S. Court of Appeals for the Seventh Circuit erred in dismissing the petitioner's civil rights claims
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?
18-1388 Susan Lloyd v. City of Streetsboro, Ohio, et al. Sixth Circuit 2019-05-03 Denied Response Waived abuse-of-power civil-rights due-process government-misconduct property-damage qualified-immunity retaliation trespass wiretapping Are public officials allowed to show a repeated pattern of abuse and dereliction of duties and still maintain immunity towards a private citizen?
18-9096 Douglas A. Glaser v. City and County of Denver, Colorado, et al. Tenth Circuit 2019-05-02 Denied Response WaivedIFP administrative-law civil-rights due-process equal-protection fourth-amendment jurisdiction qualified-immunity search-and-seizure standing Whether the lower court erred in its application of the Fourth Amendment's prohibition against unreasonable searches and seizures
18-9102 Michael Bazan v. Robert Whitfield, et al. Fifth Circuit 2019-05-02 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-law due-process evidence excessive-force qualified-immunity standing Whether the Court of Appeals erred in denying Petitioner's Excessive-Force claim
18-1366 Estate of Adriano Roman, Jr. v. City of Newark, New Jersey, et al. Third Circuit 2019-04-30 Denied 42-usc-1983 civil-procedure civil-rights fourth-amendment joint-and-several-liability joint-several-liability pleading qualified-immunity section-1983 standing tort-law warrantless-search Whether joint and several liability applies under 42 U.S.C. § 1983, where a plaintiff alleges unconstitutional search by multiple officers
18-1350 Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza Fifth Circuit 2019-04-29 Denied Response RequestedResponse WaivedRelisted (3) bivens border-protection civil-procedure civil-rights due-process federal-tort immigration qualified-immunity retaliation standing wrongful-death Whether a U.S. Customs and Border Protection agent is entitled to qualified immunity for allegedly coercing a mother into departing the U.S., where sh…
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 …
18-1358 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 …
18-8926 Donald C. Jackson v. Priye T. Mukoro, et al. Texas 2019-04-22 Denied Response WaivedIFP civil-rights constitutional-rights de-minimis due-process first-amendment qualified-immunity retaliation retaliation-claim summary-judgment Whether the Court of Appeals for the First District Texas reversibly erred when it reversed the Judgment of the trial court and rendered judgment gran…
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…
18-8849 Keith Andre Robinson v. H. White, et al. Fourth Circuit 2019-04-16 Denied IFP 4th-amendment civil-rights due-process exigent-circumstances fourth-amendment probable-cause qualified-immunity search-and-seizure standing warrantless-search Did the District Court err in finding that no exigent circumstances were present to justify the warrantless search and seizure of Petitioner's home an…
18-1287 Alexander L. Baxter v. Brad Bracey, et al. Sixth Circuit 2019-04-10 Denied Amici (3)Response RequestedResponse WaivedRelisted (11) 4th-amendment civil-rights due-process excessive-force police-misconduct police-use-of-force qualified-immunity search-and-seizure seizure Whether the use of a police dog to apprehend a suspect who has surrendered by sitting on the ground with his hands up violates the Fourth Amendment
18-8696 Cody R. Brown v. Louisiana Louisiana 2019-04-03 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-law due-process jurisdiction qualified-immunity search-and-seizure standing statutory-interpretation Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-8596 Jose Bernazard v. Joseph Koch Second Circuit 2019-03-27 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment appeals-procedure civil-rights constitutional-rights due-process exhaustion-of-remedies judicial-review legal-procedure procedural-error qualified-immunity section-1983 Did The Coork of Appeals not granting Ped, boner Access to Enter Appeal WAS ow Abvse of dixre lion by diswuss:
18-8548 Marvin Belser v. Jeffrey Woods, et al. Sixth Circuit 2019-03-25 Denied Response WaivedIFP 42-usc-1983 civil-procedure civil-rights due-process grievances qualified-immunity standing Whether the grievances were properly brought under 42 U.S.C. §1983 and were wrongly dismissed
18-8488 Ronald E. Mitchell v. Anne L. Precythe, Director, Missouri Department of Corrections, et al. Eighth Circuit 2019-03-22 Denied IFP administrative-procedure civil-rights constitutional-rights damages due-process eighth-amendment false-arrest liberty-interest missouri-corrections missouri-statute qualified-immunity wrongful-imprisonment Whether the district court erred in dismissing the petitioner's claim for wrongful imprisonment despite evidence that the conduct violation was later …
18-8505 William L. Burrell, Jr. v. Patrick Loungo, et al. Third Circuit 2019-03-21 Denied IFP civil-rights constitutional-violations convict-leasing human-trafficking judicial-immunity judicial-immunity-doctrine qualified-immunity section-1983 slavery Should judges be liable under section 1983 for intentional conduct characterized as judicial acts but prohibited by statute, caselaw, or criminal stat…
18-8474 John Henneberry v. County of Alameda, California, et al. Ninth Circuit 2019-03-20 Denied Response WaivedIFP 4th-amendment 5th-amendment bench-warrant civil-procedure civil-rights criminal-procedure due-process fourth-amendment mail-fraud qualified-immunity rico-statute service-of-process When can a court allow faulty and fabricated service-by-mail of a criminal summons instead of personal service-by-sworn-officer?
18-1191 Carter Davenport v. Estate of Marquette F. Cummings, Jr. Eleventh Circuit 2019-03-13 Denied civil-procedure civil-rights davis-v-scherer due-process legal-authority money-damages qualified-immunity standing state-law state-law-authority state-official takings Whether a state official's qualified immunity defense to a claim for money damages necessarily fails if he cannot first prove that he had authority un…
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment Whether the District Court erred in resolving the issue of qualified immunity without a trial to cross-examine witnesses on the application of force i…
18-1173 I. B. and Jane Doe v. April Woodard, et al. Tenth Circuit 2019-03-11 Denied Amici (7) child-abuse child-protection circuit-split constitutional-rights fourth-amendment qualified-immunity strip-search warrant warrant-requirement Whether the Fourth Amendment requires a caseworker to obtain a warrant to strip-search a child
18-1176 Eric Wenzel, et al. v. Carl Storm Eighth Circuit 2019-03-11 Denied Response Waived anderson-v-liberty-lobby civil-rights dash-camera-evidence dash-camera-video excessive-force fourth-amendment lytle-v-bexar-county police-use-of-force qualified-immunity scott-v-harris seizure-intrusive seizure-standard summary-judgment unarmed-suspect Did the Eighth Circuit err in holding that Officer Storm was entitled to qualified immunity for the fatal shooting of Mr. Wenzel under the Fourth Amen…
18-8377 Walter D. Booker v. T. Johnson, et al. Fourth Circuit 2019-03-11 Dismissed Response WaivedRelisted (2)IFP 42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah?
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
18-1128 Curtis Minchuk v. Craig Strand Seventh Circuit 2019-02-28 Denied Response Waived circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly thr…
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
18-1121 Captain James Linlor v. Michael Polson Fourth Circuit 2019-02-27 Denied 4th-amendment bivens bivens-action civil-rights excessive-force fourth-amendment police-powers qualified-immunity sexual-battery tsa tsa-screener tsa-screening Whether the attested-as-intentional excessive and unreasonable force striking of a cooperative passenger's genitals by a TSA screener not meeting mand…
18-8092 Azaniah Blankumsee v. Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-02-22 Denied IFP civil-procedure civil-rights deliberate-indifference due-process qualified-immunity standing summary-judgment Did the lower court err in granting the defendant's summary judgment?
18-8034 Jesse Brewer v. United States Third Circuit 2019-02-20 Denied Response WaivedIFP civil-procedure due-process eminent-domain property-rights standing takings 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures
18-1063 John Cottam v. Douglas Pelton Eleventh Circuit 2019-02-13 Denied civil-rights constitutional-rights due-process emotional-distress fabricated-evidence false-arrest law-enforcement-fabrication malicious-prosecution probable-cause qualified-immunity rule-56 summary-judgment Whether law enforcement fabrication of a felony charge against an innocent citizen precludes summary judgment on a false arrest claim
18-7889 Ramon Romero v. Illinois Illinois 2019-02-12 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights due-process excessive-force police-misconduct qualified-immunity Whether the police officers' use of force against the petitioner was reasonable under the Fourth Amendment
18-1045 Nathaniel Brent, et al. v. Wayne County Department of Human Services, et al. Sixth Circuit 2019-02-08 Denied Response Waived 42-usc-1983 4th-amendment administrative-policy civil-procedure civil-rights constitutional-rights due-process ex-parte-orders judicial-oversight qualified-immunity rooker-feldman-doctrine standing Plaintiffs' constitutional rights violated by administrative policy allowing probation officer to approve non-appealable, non-final, ex-parte orders w…
18-1024 Lenard Johnson v. Richard Winfrey, Jr. Fifth Circuit 2019-02-06 Denied 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application Franks v. Delaware analysis of omitted information material to probable cause
18-7648 William R. Stevenson v. R. Cordova, et al. Tenth Circuit 2019-01-30 Denied IFP civil-rights civil-rights-violation-obvious-standard constitutional-violation deliberate-indifference directed-verdict-standard due-process eighth-amendment eighth-amendment-deliberate-indifference judicial-bias perjured-testimony prison-conditions qualified-immunity summary-judgment summary-judgment-qualified-immunity Whether the Court of Appeals erred in concluding the law was not clearly established as to the conduct of Defendants Espinoza and Williams and in conc…
18-986 Sara Huckaby, et al. v. Frank Halley, as Next Friend of J. H., a Minor Child Tenth Circuit 2019-01-29 Denied Response Waived child-abuse child-welfare civil-rights due-process forensic-interview law-enforcement-procedure prosecutor-directives qualified-immunity search-and-seizure state-statute statutory-interpretation Whether the Court of Appeals erred in determining that the Petitioners did not act in an objectively reasonable manner in relying on a state statute, …
18-7589 William Lee Judy v. Kathy Williams, et al. Fourth Circuit 2019-01-28 Denied Response WaivedIFP civil-procedure civil-rights due-process employment government-liability qualified-immunity administrative-law civil-rights constitutional-provisions due-process federal-officials government-liability medical-regulations ministerial-duties qualified-immunity Whether the government, its agencies, and employees are entitled to the exception under 28 U.S.C. § 2680(a) and qualified immunity when they fail to a…
18-7530 Tonya Udoh, et vir v. Minnesota Department of Human Services, et al. Eighth Circuit 2019-01-23 Denied Relisted (2)IFP 14th-amendment 1983-claims 1985-claims 4th-amendment civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process emotional-distress false-arrest fourteenth-amendment fourth-amendment haines-v-kerner minor-children miranda-rights monell-liability municipal-liability parental-rights pro-se-litigant qualified-immunity search-and-seizure standing unconstitutional-statutes Whether pro se litigants are held to the same legal standards as counseled litigants
18-7425 Jovan Cooper v. Illinois Illinois 2019-01-16 Denied IFP 14th-amendment administrative-law civil-procedure due-process equal-protection standing 4th-amendment civil-rights due-process qualified-immunity search-and-seizure standing Whether the lower court erred in its interpretation and application of the 4th Amendment's protections against unreasonable searches and seizures
18-915 Gregory T. Christian v. K. A. Payne, et al. Fourth Circuit 2019-01-16 Denied Response Waived 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search Whether producing identification without being requested justifies search for weapons several minutes later
18-913 Joshua Brennan v. James Dawson, et al. Sixth Circuit 2019-01-15 Denied Response RequestedRelisted (9) civil-liability civil-procedure civil-rights common-law constitutional-rights due-process law-enforcement liability police-conduct qualified-immunity reasonable-reliance Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when…
18-7246 Harold Shawgnessy Sims v. King, et al. Eighth Circuit 2019-01-08 Denied IFP 2nd-amendment civil-rights criminal-procedure cruel-and-unusual-punishment due-process sentencing civil-procedure civil-rights due-process excessive-force federal-law-enforcement qualified-immunity What constitutional and statutory protections apply to individuals who are assaulted by federal law enforcement officers?
18-7251 Consuelo Jordan v. Equal Employment Opportunity Commission, et al. District of Columbia 2019-01-07 Denied Response WaivedIFP 4th-amendment civil-procedure civil-rights constitutional-provisions due-process exclusionary-rule jurisdiction probable-cause qualified-immunity search-and-seizure standing takings Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures
18-862 Michael J. Daugherty, et al. v. Alain H. Sheer, et al. District of Columbia 2019-01-07 Denied Response Waived circuit-split civil-procedure civil-rights due-process motion-to-dismiss pleading pleading-standard qualified-immunity rule-12(b)(6) standing May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense?
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
18-825 Peggy Shumpert, Individually and as Administrator of the Estate of Antwun Shumpert, Sr., et al. v. City of Tupelo, Mississippi, et al. Fifth Circuit 2019-01-02 Denied Response Waived canine-force civil-procedure civil-rights constitutional-rights deadly-force due-process federal-appeals-conflict police-misconduct qualified-immunity state-created-danger use-of-force whether-the-court-of-appeals-erred-in-concluding-t whether-the-court-of-appeals-erred-in-finding-that Whether the state-created danger doctrine is clearly established law
18-810 John Maguire, et al. v. Anika Edrei, et al. Second Circuit 2018-12-26 Denied acoustic-device civil-rights constitutional-rights due-process excessive-force first-amendment free-speech law-enforcement lrad police-tactics protest-control qualified-immunity Did the Second Circuit err in finding a potential constitutional violation for excessive force and denying the officers qualified immunity
18-7163 Kent Mayfield, et ux. v. Harvey County Sheriff's Department, et al. Tenth Circuit 2018-12-21 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights dog-seizure due-process fourth-amendment law-enforcement personal-property pet-dog property-rights qualified-immunity search-and-seizure warrantless-search Did the defendants violate the plaintiffs' Fourth Amendment rights?
18-775 Andrew Chien v. LeClairRyan, et al. Fourth Circuit 2018-12-19 Denied Response Waived administrative-error civil-rights collateral-estoppel color-of-state-act due-process false-imprisonment fourth-amendment qualified-immunity res-judicata subject-matter-jurisdiction territorial-jurisdiction Whether the order is void due to administrative error and lack of jurisdiction
18-7063 In Re Charles A. Dread 2018-12-17 Denied Relisted (3)IFP civil-procedure civil-rights constitutional-rights due-process evidentiary-hearing official-responsibility qualified-immunity racial-discrimination standing summary-judgment Was the Trial Court's denial of the Appellant's Motion for Summary Judgment and the Request for Hearing without granting the Appellant a Hearing he re…
18-760 Oberist Lee Saunders v. Wayne Ivey, Sheriff, Brevard County, Florida, et al. Eleventh Circuit 2018-12-14 Denied civil-rights conditions-of-confinement constitutional-rights due-process fourteenth-amendment hutto-v-finney kingsley-v-hendrickson pretrial-detention qualified-immunity rhodes-v-chapman sanitation-standards Whether the Fourteenth Amendment conditions-of-confinement claim should be evaluated under an objective or subjective standard
18-761 D. Dahne v. Thomas W. S. Richey Ninth Circuit 2018-12-14 Denied Amici (1)Relisted (4) civil-rights due-process first-amendment free-speech grievance inmate-rights ninth-circuit prison prison-grievance qualified-immunity Do prison inmates have a First Amendment right to include threatening, abusive, and irrelevant language in grievances?
18-730 Moses McCormick, et al. v. Kim A. Browne, et al. Sixth Circuit 2018-12-07 Denied Response Waived 42-usc-1983 amendment amendment-futility civil-procedure civil-rights constitutional-violations due-process fourteenth-amendment injunctive-relief municipal-liability qualified-immunity section-1983 standing Whether leave to amend the plaintiff's complaint should be considered futile if the municipality with no immunity can be added as a defendant and held…
18-724 City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al. Ninth Circuit 2018-12-06 Denied Response Waived appellate-review civil-procedure civil-rights due-process interlocutory-appeal ninth-circuit qualified-immunity summary-judgment waiver-and-forfeiture Does the Ninth Circuit Panel's refusal to hear these petitioning police officers' interlocutory appeal on their claim of qualified immunity deny them …
18-6908 Livingston Manners v. Ronald Cannella, et al. Eleventh Circuit 2018-12-04 Denied IFP 42-U.S.C.-1983 Excessive-Force fleeing-and-eluding fourth-amendment Fourth-Amendment-Violation probable-cause qualified-immunity reasonable-suspicion traffic-stop Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop
18-704 Ross Abbott, et al. v. Harris Pastides, et al. Fourth Circuit 2018-11-29 Denied Amici (6) campus-speech civil-rights due-process first-amendment free-speech overbreadth qualified-immunity standing vagueness Whether students have standing to challenge university speech regulations
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
18-684 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…
18-643 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…
18-645 Marcella Winn v. Susan Mellen, et al. Ninth Circuit 2018-11-19 Dismissed Response Waived 42-U.S.C-1983 42-usc-1983 bad-faith brady-v-maryland brady-violation circuit-split civil-rights deliberate-indifference due-process police-misconduct qualified-immunity section-1983 Do claims against a police officer under 42 U.S.C. § 1983 for failure to disclose material evidence under Brady v. Maryland, 373 U.S. 83 (1963) requir…
18-648 Burdette Searcey, et al. v. James L. Dean, et al. Eighth Circuit 2018-11-19 Denied Response RequestedResponse WaivedRelisted (2) 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea Whether a law enforcement officer violated substantive-due-process rights by recklessly gathering unreliable evidence
18-623 Katrina Walker v. Carl Weatherspoon, et al. Seventh Circuit 2018-11-14 Denied Response Waived 42-usc-1983 civil-rights due-process fourth-amendment illinois-v-gates informant informant-tip probable-cause qualified-immunity search-warrant section-1983 seventh-circuit May a police officer, who secures a search warrant on the uncorroborated tip of a first-time informant by withholding from the issuing judge facts tha…
18-591 Gary Dressler v. Bradford Rice, et al. Sixth Circuit 2018-11-06 Denied Response Waived 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment Is an individual's Second Amendment right to bear arms violated?
18-6402 Elroy William Robinson v. California California 2018-10-24 Denied IFP 42-usc-1983 civil-procedure civil-rights constitutional-provisions due-process equal-protection jurisdiction qualified-immunity standing statutory-provisions Whether the lower court erred in dismissing petitioner's claims alleging violations of his civil rights and due process rights
18-503 N. E. L., et al. v. Douglas County, Colorado, et al. Tenth Circuit 2018-10-18 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 4th-amendment child-custody civil-rights constitutional-rights due-process familial-association full-faith-and-credit interstate-agreement procedural-due-process qualified-immunity right-to-travel Whether petitioners' summary removal from Colorado to Kansas violated clearly established rights to procedural due process, a warrant or valid court o…
18-511 Austin Gates v. Hassan Khokhar, et al. Eleventh Circuit 2018-10-18 Denied arrest-standard civil-rights due-process first-amendment fourth-amendment free-speech probable-cause qualified-immunity standing state-law supreme-court Whether a court, in determining whether arguable probable cause exists to arrest for a state-law crime, must consider any narrowing decisions by the s…
18-368 Cedrick Thomas v. Jeffrey Cozzi Eleventh Circuit 2018-09-20 Denied Response Waived 42-usc-1983 4th-amendment civil-procedure civil-rights detective-thomas district-of-columbia-v-wesby eleventh-circuit false-arrest fourth-amendment law-enforcement probable-cause qualified-immunity Whether the Eleventh Circuit erred in affirming the denial of probable cause and qualified immunity for Detective Thomas
18-348 Robert Weisler, III v. Jefferson Parish Sheriff's Office, et al. Fifth Circuit 2018-09-17 Denied 42-usc-1983 4th-amendment civil-rights Devenpeck-v-Alford fourth-amendment heck-v-humphrey police-accountability qualified-immunity warrantless-arrest Whether Devenpeck v. Alford, which protects officers who either incompetently or maliciously arrest a person for a crime the arrestee did not commit, …
18-337 County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased Ninth Circuit 2018-09-14 Denied Amici (2) 42-usc-1983 civil-rights constitutional-standard due-process eighth-amendment fourth-amendment medical-care objective-reasonableness pretrial-detainee qualified-immunity section-1983 standard-of-care Whether a pretrial detainee's 'inadequate medical care' claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional's subjective inte…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure Whether the district court's dismissal of all but 2 defendants caused prejudice to petitioner
18-5974 Levon Spaulding v. United States District Court for the District of Columbia District of Columbia 2018-09-13 Dismissed Response WaivedIFP access-to-courts civil-procedure civil-rights due-process equal-protection free-speech qualified-immunity standing Whether the district court erred in dismissing petitioner's claims alleging violations of their civil rights, due process, and free speech rights
18-309 Lonnie Swartz v. Araceli Rodriguez, Individually and as the Surviving Mother and Personal Representative of J. A. Ninth Circuit 2018-09-11 GVR CVSGAmici (1)Relisted (4) bivens bivens-remedy bivens-v-six-unknown-named-agents border-security cross-border-shooting extraterritorial-application foreign-relations fourth-amendment qualified-immunity separation-of-powers Whether the panel's decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S…
18-282 Kelly H. Tucker v. Patrick Atwater, Jr., et al. Georgia 2018-09-05 Denied civil-rights constitutional-rights due-process first-amendment free-speech government-interests Pickering-balancing-test pickering-test public-employee-speech public-employment public-interest qualified-immunity section-1983 Whether Pickering and its progeny apply to off-duty public employees speaking on matters of public interest unrelated to their employment, and the app…
18-5856 David Gerard Jeep v. United States Eighth Circuit 2018-09-04 Dismissed Response WaivedRelisted (2)IFP 14th-amendment civil-procedure civil-rights district-court due-process eighth-circuit judicial-act judicial-immunity probable-cause qualified-immunity rico-act standing xiv-amendment Is the issuance, and support on appeal, of a court order without a 'reasonable probable cause' a judicial act?
18-257 Monty Bauch, Individually and as Father and Next Friend of O. B., a Minor, et al. v. Richland County Children Services, et al. Sixth Circuit 2018-08-30 Denied child-removal civil-rights complaining-witness due-process due-process-rights ex-parte ex-parte-order magistrate-testimony qualified-immunity removal-order social-worker social-worker-immunity standing witness-immunity Whether a social worker is entitled to absolute immunity when she makes false statements and omits highly relevant information as a complaining witnes…
18-259 City of East Cleveland, Ohio, et al. v. Derrick Wheatt, et al. Sixth Circuit 2018-08-30 Denied civil-procedure civil-rights discovery discovery-deadline due-process indemnification motion-to-amend qualified-immunity settlement-agreement standing state-actors wrongful-conviction Whether the Court abused its discretion in denying Petitioner City Defendants Qualified Immunity defense
18-5817 Jermaine Moorer v. United States Sixth Circuit 2018-08-30 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law due-process equal-protection federal-courts habeas-corpus qualified-immunity standing statutory-interpretation Whether the Sixth Circuit erred in affirming the district court's dismissal of petitioner's claims alleging violations of his constitutional rights
18-5783 Robert A. Cotton v. County of San Bernardino, California, et al. Ninth Circuit 2018-08-28 Denied IFP brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense Was the Ninth Circuit's affirmance of the dismissal based on issue preclusion in violation of Manuel v. City of Joliet?
18-236 Paul Weddle v. Alan Nutzman, et al. Ninth Circuit 2018-08-23 Denied Response Waived civil-rights constitutional-rights due-process excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity seizure standing use-of-force Whether there was clearly established precedent that the officers' use of force against Weddle, who had surrendered and posed no immediate threat, vio…
18-218 Trey Beam v. Robert F. Abercrombie, Jr. Eleventh Circuit 2018-08-20 Denied 11th-circuit civil-rights due-process investigation misdemeanor probable-cause qualified-immunity willful-failure Whether an officer may lose qualified immunity based upon the allegation of willful' failure to investigate even when the officer has established at l…
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
18-5485 William N. Washington v. Eric Arnold, Warden Ninth Circuit 2018-08-08 Denied IFP civil-case civil-procedure civil-rights constitutional-rights district-court due-process false-arrest habeas-corpus heck-v-humphrey judicial-review malicious-prosecution parole qualified-immunity standing washington-v-diamond Whether a substantial showing of the denial of a constitutional right has been made by the petitioner, in light of the recent factual finding by the U…
18-150 Phil Plummer, et al. v. David M. Hopper, Special Administrator of the Estate of Robert Andrew Richardson, Sr. Sixth Circuit 2018-08-03 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment civil-rights clearly-established-right deliberate-indifference detainee-rights due-process excessive-force fourteenth-amendment law-enforcement medical-intervention qualified-immunity Whether the Sixth Circuit defined the constitutional rights in question at too high a level of generality contrary to this Court's teachings on qualif…
18-122 Michael Sinegal v. Dawn Polk Fifth Circuit 2018-07-27 Denied Response RequestedRelisted (2) 1st-amendment circuit-split civil-rights constitutional-rights due-process employment-law employment-retaliation first-amendment free-speech political-candidacy qualified-immunity standing Whether candidacy for political office, standing alone, is a protected right under the First Amendment
18-114 G. Russell Rollyson, Jr., in His Official and Individual Capacity v. Jeffrey O'Neal, et ux. Fourth Circuit 2018-07-26 Dismissed constitutional-duty due-process notice notice-requirements property-rights qualified-immunity service-of-notice state-auditor statutory-interpretation tax-deed tax-lien tax-lien-purchaser Whether a Deputy State Auditor is entitled to qualified immunity because no previous court had interpreted the State's statutory scheme as imposing th…
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
18-99 Johnny Barnes v. Joseph Gerhart, et al. Fifth Circuit 2018-07-23 Denied Response RequestedRelisted (3) civil-rights confidential-informant drug-surveillance due-process fourth-amendment law-enforcement law-enforcement-action police-misconduct qualified-immunity search-and-seizure unreasonable-search Did the Fifth Circuit wrongly hold that Officer Barnes' mistake was 'unreasonable' under the Fourth Amendment?
18-5279 Jonathan Hayhoe v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity Whether conduct by law enforcement in securing a void in initio warrant was grossly negligent, thereby precluding application of good-faith exception
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 …
18-5130 Marlon L. Watford v. Erik Fossum, et al. District of Columbia 2018-07-06 Denied Response WaivedIFP administrative-law civil-procedure civil-rights due-process equal-protection patent qualified-immunity standing takings Whether the 14th Amendment's due process clause protects against arbitrary government action
18-5131 Tu My Tong v. New Mexico, et al. New Mexico 2018-07-06 Denied Relisted (2)IFP 42-usc-1983 civil-procedure civil-rights due-process equal-protection federal-action qualified-immunity standing state-action Whether plaintiffs can bring civil rights claims under 42 U.S.C. § 1983 for alleged violations of their constitutional rights by state defendants
18-7 Choctaw County, Mississippi, et al. v. Jessica Jauch Fifth Circuit 2018-06-29 Denied Response RequestedRelisted (4) 14th-amendment 42-usc-1983 capias county-liability due-process fourteenth-amendment pretrial-detention procedural-due-process qualified-immunity section-1983 Whether a pretrial detainee's procedural due process rights were violated
24A1078 Mike Miller v. Dillon Rock Ninth Circuit Presumed Complete canine-deployment excessive-force fourth-amendment irreparable-harm qualified-immunity section-1983 Whether the Fourth Amendment permits a police officer to deploy a canine to apprehend a suspect and, if deployment is justified, whether the duration …