| 25-6535 |
James Eric Larremore v. United States |
Fifth Circuit |
2026-01-09 |
Pending |
IFP |
fourth-amendment law-enforcement-interaction probable-cause reasonable-person-standard seizure traffic-stop |
Whether the deputy's instruction to "hang on a sec," particularly in context, communicated to a reasonable person in Larremore's position that he was … |
| 25-6139 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
conspiracy-prosecution due-process judicial-ethics judicial-impartiality judicial-recusal reasonable-person-standard |
In the recusal context, would a reasonable person conclude that a judge could remain impartial during a conspiracy prosecution of a defendant when the… |
| 22-7007 |
Axel Domingo Diego v. Indiana |
Indiana |
2023-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights custody-determination due-process jdb-v-north-carolina law-enforcement-interrogation miranda-custody-rule miranda-rights reasonable-officer reasonable-person reasonable-person-standard translated-interrogation translation-context |
When law enforcement officers use a translator during an interrogation, does Miranda's custody rule consider the unique circumstances presented by the… |
| 22-6768 |
Stanley Foster Baker v. Texas |
Texas |
2023-02-13 |
Denied |
IFP |
4th-amendment 5th-amendment constitutional-rights custodial-interrogation due-process equal-protection evidence-presentation judicial-procedure miranda-warnings reasonable-person-standard state-court supreme-court-precedent |
Was it objectively reasonable for the State courts to conclude that no reasonable factfinder could believe that Baker was in custody during interrogat… |
| 22-6441 |
James D. Dayvault v. Kansas |
Kansas |
2023-01-03 |
Denied |
Response WaivedIFP |
civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure |
Did the Kansas Court of Appeals err when it affirmed the trial court's denying custody for the purposes of Ananda, and did the court err by applying t… |
| 21-1510 |
David P. Marana v. Merit Systems Protection Board |
Federal Circuit |
2022-06-01 |
Denied |
Response Waived |
civil-procedure civil-rights commander-authority due-process hipaa-privacy military-discretion reasonable-person-standard redacted-evidence standing subculture-interpretation whistleblower-retaliation whistleblowing |
What court, tribunal, and or investigative agency ensures that information with redacted information when presented as evidence is valid, legal, and n… |
| 21-6223 |
Aaron Martin Mercado-Gracia v. United States |
Tenth Circuit |
2021-11-09 |
Denied |
IFP |
4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop |
Whether the person's race is a factor in determining if a person objectively believed he could refuse an officer's request to answer more questions af… |
| 21-198 |
Anthony W. Knights v. United States |
Eleventh Circuit |
2021-08-11 |
Denied |
Amici (2) |
constitutional-analysis eleventh-circuit fourth-amendment free-to-leave free-to-leave-test race race-consideration reasonable-person reasonable-person-standard seizure |
Whether a court analyzing if a Fourth Amendment seizure has occurred is categorically barred from considering a person's race |
| 20-7537 |
Christopher D. Thieme v. New Jersey |
New Jersey |
2021-03-23 |
Denied |
Response WaivedIFP |
cyber-harassment due-process free-speech libel obscenity overbreadth reasonable-person-standard scienter vagueness victim-impact-statements |
Is New Jersey's 'cyber-harassment' statute constitutionally invalid? |
| 20-983 |
Celestino G. Almeda v. Department of Education, et al. |
District of Columbia |
2021-01-25 |
Denied |
Response Waived |
agency-records deliberative-process-privilege disclosure exemption-5 freedom-of-information-act good-faith-presumption reasonable-person-standard segregable-portions |
Whether publicly-known, purely factual content selected, organized, and recited in an agency's records can be fully withheld from disclosure under the… |
| 20-5395 |
Marcus Tyler Sheffield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-24 |
Denied |
IFP |
5th-amendment criminal-procedure custodial-interrogation due-process miranda-rights police-questioning reasonable-person reasonable-person-standard self-incrimination |
Whether the police detective's assurance to Sheffield that he is free to leave on the condition that he make a truthful statement would lead a reasona… |
| 20-27 |
Jennifer Paskert v. Kemna-ASA Auto Plaza, Inc., dba Auto Smart of Spirit Lake, et al. |
Eighth Circuit |
2020-07-20 |
Denied |
|
circuit-split civil-rights employment-discrimination hostile-work-environment reasonable-person reasonable-person-standard sexual-harassment title-vii |
Whether sexual harassment is unlawful under Title VII if a reasonable person would conclude the harassment created a hostile environment, or only if t… |
| 19-7361 |
Edward Shevtsov v. United States |
Ninth Circuit |
2020-01-22 |
Denied |
IFP |
actual-decisionmaker circuit-split civil-procedure decisionmaker-test federal-fraud federal-prosecution fraud fraud-statute materiality materiality-standard private-victim reasonable-person reasonable-person-standard |
Whether in a federal fraud prosecution involving a private victim, materiality turns on the misrepresentation's ability to influence the actual decisi… |
| 19-345 |
Dorian Johnson v. City of Ferguson, Missouri, et al. |
Eighth Circuit |
2019-09-17 |
Denied |
|
civil-rights constitutional-rights fourth-amendment move-on-order police-encounter public-space reasonable-person-standard seizure totality-of-circumstances use-of-force |
Whether a person can be 'seized' when he is not confined to a particular space |
| 19-5709 |
Sam Newman v. Louisiana |
Louisiana |
2019-08-27 |
Denied |
Response WaivedIFP |
bruton-v-united-states constitutional-interpretation criminal-statute due-process firearm-discharge johnson-v-united-states reasonable-person-standard sessions-v-dimaya supreme-court-precedent united-states-v-davis vagueness vagueness-doctrine |
Whether Louisiana Revised Statute Annotated § 14:94(A) (1995) is unconstitutionally vague |
| 18-8650 |
Ollisha Nicole Easley v. United States |
Tenth Circuit |
2019-04-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights consensual-search due-process fourth-amendment interrogation probable-cause race racial-profiling reasonable-person reasonable-person-standard search search-and-seizure |
When examining the totality of the objective circumstances, is a bus passenger's race a factor in understanding how a reasonable person in her positio… |
| 18-7256 |
Amin De Castro v. United States |
Third Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop |
whether a reasonable person would feel free to refuse a police officer's polite request to take his hands out of his pockets |
| 18-6122 |
Sheri Lee Pualani Kapahu v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure |
Whether a reasonable person would feel free to ignore a federal agent's direct accusation of drug possession and go about her business of boarding a p… |