state-action

181 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6632 Alveto Rivera v. Mark Gray Eighth Circuit 2026-01-21 Pending IFP attorney-misconduct civil-commitment civil-rights legal-malpractice section-1983 state-action Whether the pla intiff 'is allow to sue his formal attorney under the color of state law, and to where the violation occurred while the defendant acte…
25-854 Adam Holley v. Benjamin M. Lepak, in His Official Capacity as Oklahoma Secretary of State, et al. Tenth Circuit 2026-01-16 Pending ballot-access constitutional-rights elections-clause eleventh-amendment primary-election state-action 1. Whether, under the Elections Clause, U.S. Constitution Article I § 4 Clause 1, and this Court's decision in U.S. Term Limits, Inc. v. Thornton, 514…
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…
25-717 Carlos Jackson v. Mississippi Mississippi 2025-12-18 Denied Response Waived civil-rights due-process habeas-corpus incarceration judicial-order state-action Whether the State of Mississippi can effectively suspend habeas corpus and incarcerate Carlos Jackson using an invalid order.
25-606 John Stockton, et al. v. Nick Brown, Attorney General of Washington, et al. Ninth Circuit 2025-11-24 Pending Amici (2)Response RequestedResponse Waived first-amendment judicial-review medical-board-regulation state-action viewpoint-discrimination younger-abstention 1. On September 16, 2025, the Washington Court of Appeals held that the State Medical Commission's COVID-19 misinformation enforcement policy targe…
25-481 Jennifer Bridges, et al. v. The Methodist Hospital, dba The Methodist Hospital System, et al. Fifth Circuit 2025-10-20 Denied Amici (1)Response Waived due-process federal-funding informed-consent liberty-interest medical-treatment state-action Since the passage of the 1974 National Research Act, federal policy has ensured that no individual faces penalties or loss of benefits for refusing un…
25-411 John Doe v. Illinois Illinois 2025-10-06 Denied Response WaivedRelisted (2) criminal-records due-process expungement-rights fourteenth-amendment state-action statutory-interpretation 1. Does the Illinois scheme for the sealing and expungement of criminal records create, confer, or otherwise entail an interest protected under the Fo…
25-376 Dustin Thomas House Darden v. Crowd Management Service Ninth Circuit 2025-09-30 Denied Response Waived 42-usc-1983 constitutional-accountability first-amendment government-contractors police-powers state-action Whether private security contractors exercising state-licensed police powers at government-funded operations constitute state actors under 42 U.S.C. §…
25-309 Kaeun Kim v. Mark Ali, et al. Third Circuit 2025-09-17 Denied Response WaivedRelisted (2) civil-rights due-process fabricated-evidence prosecutorial-immunity section-1983 state-action Whether a 42 U.S.C. § 1983 claim that state officials fabricated evidence against the petitioner accrues only upon favorable termination of criminal p…
25A252 Gretchen Whitmer, Governor of Michigan, et al. v. Enbridge Energy, LP, et al. Sixth Circuit 2025-09-02 Presumed Complete certiorari constitutional-interpretation federal-law michigan-officials sixth-circuit state-action Whether the Sixth Circuit's ruling on a Michigan state action improperly interpreted or applied federal constitutional or statutory law
25-5422 Lamont Johnson v. Michele Dauzat, Warden Fifth Circuit 2025-08-21 Denied IFP federal-statute habeas-corpus post-conviction-relief procedural-bar second-successive-application state-action Whether a second in time habeas application which raises a claim that the petitioner was prevented by state action from raising a claim in a prior app…
25-204 Jeri Pearson, et al. v. Shriners Hospitals for Children, Incorporated, et al. Fifth Circuit 2025-08-20 Denied Amici (1)Response Waived due-process fourteenth-amendment informed-consent medical-treatment research-ethics state-action Whether the right to refuse an unapproved medical treatment constitutes a fundamental due process right under the Fourteenth Amendment and whether a p…
25-43 Freedom Foundation, a Washington Nonprofit Corporation v. International Brotherhood of Teamsters, Local 117, et al. Ninth Circuit 2025-07-14 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights first-amendment janus-precedent section-1983 state-action union-dues Whether public-sector unions that invoke the aid of state officials to deduct union dues from a nonconsenting public-sector employee act 'under color …
24-1306 Terry Klee v. International Union of Operating Engineers, Local 501, et al. Ninth Circuit 2025-06-24 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) first-amendment janus-decision section-1983 sovereign-immunity state-action union-dues Whether a public-sector union that invokes the aid of state officials to deduct union dues from a nonconsenting public-sector employee acts 'under col…
24-1305 Marcus Todd v. American Federation of State, County and Municipal Employees, Council 5 Eighth Circuit 2025-06-24 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) consent-diversion employee-rights first-amendment janus-standard public-sector-union state-action When a public-sector union gets the government to divert an employee's pay by stating that he consented to join the union, is it a state actor such th…
24-7202 Iris L. Anderson v. City of Jasper, Florida, et al. Florida 2025-05-14 Denied Response WaivedIFP anti-murder-act constitutional-rights due-process florida-supreme-court state-action statutory-interpretation Whether the Florida Supreme Court's interpretation of the Anti-Murder Act of 1815 violates constitutional protections against unlawful state action an…
24-1087 David B. Porter v. F. Tyler Sergent, et al. Sixth Circuit 2025-04-17 Denied Response Waived disciplinary-hearing due-process federal-funding procedural-fairness state-action title-ix May a private college which receives federal funding always rely upon a 'no state action' defense in denying its employee due process or procedural fa…
24-6948 Pamela Anai Carrillo v. Texas Juvenile Justice Department, et al. Fifth Circuit 2025-04-09 Denied IFP civil-rights federal-rules-procedure section-1981 section-2000e state-action vicarious-liability Whether the lower courts abused their discretion by failing to apply vicarious liability principles and by dismissing various civil rights claims unde…
24-955 Gabino Ramos Hernandez v. Phillip Causey Fifth Circuit 2025-03-06 Denied Response Waived 42-usc-1983 bivens-action constitutional-rights federal-employee state-action willful-participation Whether the rule in Lugar v. Edmondson Oil Co. regarding state action through willful participation is still controlling law, and how federal employee…
24-946 Olympic Collection, Inc., et al. v. Aklilu Yohannes Ninth Circuit 2025-03-04 Denied Response Waived certiorari-review constitutional-claim due-process garnishment-writ interlocutory-order state-action Whether an interlocutory order and failure to meet Rule 10 considerations warrant certiorari review
24-6699 Reginald Lee Clark v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2025-03-04 Denied IFP constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance-counsel state-action Does Equitable Tolling or the Accrual Rule apply to 28 USC §2244(d) when previously concealed material information about trial counsel's deficient per…
24-6665 Craig LaFayette Stingley v. John Laczkowski, et al. Wisconsin 2025-02-27 Denied Response WaivedIFP 14th-amendment due-process equal-protection medical-malpractice non-economic-damages state-action Does Wisconsin's Medical Malpractice Non-Economic Damages CAP Law violate the 14th Amendment's State Action Clause by arbitrarily abridging the consti…
24-6532 Timothy P. Dasler v. Jennifer Knapp, fka Jennifer Dasler Second Circuit 2025-02-10 Denied Response WaivedIFP civil-procedure constitutional-rights domestic-relations federal-jurisdiction state-action younger-abstention Whether federal courts can exercise jurisdiction through Domestic Relations or Younger abstention when state remedies are inadequate and parallel liti…
24-6530 Timothy P. Dasler, Individually and on Behalf of T.D. v. Dalene Washburn Second Circuit 2025-02-10 Denied Response WaivedIFP constitutional-rights domestic-relations due-process federal-jurisdiction state-action younger-abstention Whether federal courts must exercise jurisdiction despite Domestic Relations or Younger abstention when state remedies are inadequate and parallel lit…
24-732 Children's Health Defense v. Meta Platforms, Inc., a Delaware corporation, et al. Ninth Circuit 2025-01-13 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) content-moderation first-amendment government-collaboration interactive-platform speech-suppression state-action Does an interactive computer service provider become a state actor when it collaborates with government officials to suppress specific viewpoints, the…
24-663 Joseph Rued v. Catrina Rued Minnesota 2024-12-19 Denied child-welfare constitutional-rights custody-rights due-process judicial-discretion state-action Do state courts have discretion to take state action to willfully sustain deprivations of protected rights in violation of requirements under U.S. Con…
24-662 Richard Rynn, Next Friend and Parent of M. R., a Minor v. Gregory A. McKay, Individually and in His Official Capacity as the Director of the Arizona Department of Child Safety, et al. Ninth Circuit 2024-12-19 Denied Response WaivedRelisted (2) child-custody constitutional-rights deprivation-of-rights due-process ex-parte-injunction state-action Whether state agencies and private behavioral health centers can deprive parental rights through ex parte injunctions and false reports without due pr…
24-566 Edgar Dale Dillon v. Westmoreland Department of Social Services Virginia 2024-11-20 Denied child-removal due-process habeas-petition ineffective-assistance-of-counsel parental-rights state-action Whether the Virginia Supreme Court correctly applied due process rights in a child removal proceeding involving ineffective assistance of counsel and …
24-5813 In Re Thomas Critton 2024-10-23 Denied IFP amendment-violation constitutional-rights federal-status jurisdictional-principles preemption-doctrine state-action Why did the state of Louisiana violate constitutional rights and jurisdictional principles?
24-438 Benjamin S. Goldberg v. Ralph Northam, former Governor of Virginia, et al. Fourth Circuit 2024-10-18 Denied Response Waived constitutional-rights covid-19 emergency-orders fourth-amendment mask-mandate state-action Whether COVID-19 emergency orders requiring masking violated the Fourth Amendment rights of a petitioner when enforced by state officials
24-396 St. Isidore of Seville Catholic Virtual School v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma Oklahoma 2024-10-09 Judgment Issued Relisted (3) charter-schools establishment-clause free-exercise-clause pedagogical-choice religious-discrimination state-action Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter school program solely because …
24-394 Oklahoma Statewide Charter School Board, et al. v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma Oklahoma 2024-10-09 Judgment Issued Amici (2)Relisted (3) charter-schools educational-rights establishment-clause free-exercise-clause religious-discrimination state-action Whether a state violates the Free Exercise Clause by excluding privately run religious schools from a charter-school program solely based on religious…
24-5603 Freddie Owens v. Bryan Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2024-09-20 Denied IFP due-process execution-methods informed-choice lethal-injection procedural-rights state-action Whether South Carolina's refusal to provide information about execution drugs violates a death row inmate's due process rights when choosing a method …
24-307 Kirsti Parde v. Service Employees International Union, Local 721, et al. Ninth Circuit 2024-09-18 Denied Response Waived constitutional-injury due-process first-amendment payroll-deduction state-action union-dues Whether the government violates employees' First Amendment rights by seizing union dues without affirmative consent and whether a union's use of a sta…
24-122 Michael Craine v. American Federation of State, County, and Municipal Employees Council 36, Local 119, et al. Ninth Circuit 2024-08-02 Denied Response Waived constitutional-rights first-amendment free-association free-speech municipal-liability public-employee state-action union-dues union-membership Whether the First Amendment protects a public employee's right to resign union membership and stop government-deducted union dues
24A83 Rian G. Waters v. Meta Platforms, Inc., et al. Ninth Circuit 2024-07-23 Presumed Complete civil-rights-conspiracy federal-proceeding pro-se-litigation section-1985 state-action witness-intimidation Whether a pro se plaintiff can establish a viable civil rights conspiracy claim under 42 U.S.C. § 1985(2) when alleging witness intimidation and obstr…
24A64 Grace Bible Fellowship, et al. v. Jared Polis, Governor of Colorado, et al. Tenth Circuit 2024-07-19 Presumed Complete covid-restrictions first-amendment free-exercise public-health religious-liberty state-action Whether COVID-19 public health restrictions imposed by state officials violated the Free Exercise Clause by imposing more stringent limitations on rel…
23-1254 Stephen Ollar, et al. v. District of Columbia, et al. District of Columbia 2024-05-31 Denied Response Waived bodily-integrity evidence-fabrication fabricated-evidence fifth-amendment fourth-amendment medical-procedure parental-consent parental-rights seizure state-action Whether the Fourth Amendment assures parents that, painful-and-medically-unnecessary-procedures-of-their-child-will-not-be-undertaken-for-investigativ…
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?
23-1214 Tanishia Hubbard v. Service Employees International Union Local 2015, et al. Ninth Circuit 2024-05-14 Denied Amici (1)Response Waived civil-rights compelled-speech due-process first-amendment free-speech government-deduction janus-v-afscme labor-union labor-unions public-employee state-action union-dues Does the First Amendment protect a nonmember public employee against government deduction of union dues when the employee's union forged her membershi…
23A795 Atishma Kant, et al. v. Service Employees International Union Local 721, et al. Ninth Circuit 2024-02-27 Presumed Complete collective-bargaining first-amendment janus-precedent section-1983 state-action union-dues Whether a public sector labor union acts as a 'state actor' under Section 1983 when collecting union dues through a collective bargaining agreement wi…
23A775 Tanishia Hubbard v. Service Employees International Union Local 2015, et al. Ninth Circuit 2024-02-26 Presumed Complete compelled-speech first-amendment janus-precedent section-1983 state-action union-dues Whether a public employee can seek relief under Section 1983 for nonconsensual union dues deductions that violate First Amendment free speech protecti…
23A778 Kristy L. Jimenez v. Service Employees International Union Local 775, et al. Ninth Circuit 2024-02-26 Presumed Complete compelled-speech first-amendment janus-precedent section-1983 state-action union-dues Whether public employees can seek relief under 42 U.S.C. § 1983 for nonconsensual union dues deductions that compel political speech without affirmati…
23A773 Carolyn Crouthamel, et al. v. Walla Walla Public Schools, a Washington Public School District, et al. Ninth Circuit 2024-02-23 Presumed Complete first-amendment janus-precedent payroll-deduction section-1983 state-action union-dues Whether a public sector union acts 'under color of law' for purposes of Section 1983 when compelling non-union public employees to pay dues through go…
23-895 Richard Rogalinski v. Meta Platforms, Inc. Ninth Circuit 2024-02-21 Denied Response Waived censorship civil-procedure civil-rights due-process first-amendment free-speech protected-speech social-media standing state-action Whether the Petitioner sufficiently stated a claim for relief under the First Amendment of the United States Constitution
23-6270 Tony French v. Washington Washington 2023-12-15 Denied IFP civil-rights constitutional-rights due-process evidence police-misconduct property-rights search-and-seizure self-defense state-action vehicle-destruction vehicle-seizure Were the petitioner's due process rights violated when the Pierce County Sheriff's Department caused the loss and destruction of the vehicle the petit…
23-634 Pollyanna Burns, et al. v. Service Employees International Union Local 284, et al. Eighth Circuit 2023-12-13 Denied Response Waived dues-deduction first-amendment janus janus-precedent opt-out public-sector public-sector-employees state-action state-actors union-dues Whether the First Amendment waiver requirement identified by the Supreme Court in Janus applies to public-sector employees at the time they sign a uni…
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
23-462 Glen Wilkofsky v. American Federation of Musicians, Local 45, et al. Third Circuit 2023-11-01 Denied Amici (1)Response Waived civil-rights constitutional-claim fourteenth-amendment governmental-purpose judicial-deference legislative-determination public-employer public-entity state-action statutory-designation When applying the Fourteenth Amendment's requirement of 'state action' as a predicate for constitutional claims, should federal courts defer to a stat…
23-444 Steven Lee Moss v. Gary Miniard, Warden Sixth Circuit 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under Cronic
23-5884 Gregory Ifesinachi Ezeani v. Melinda H. Reagan, President, Amberton University Fifth Circuit 2023-10-25 Denied IFP 14th-amendment academic-credits civil-rights due-process equal-protection private-university racial-discrimination state-action Whether the decision of the Fifth Circuit Court of Appeals violated the pro se's due process rights under the 14th Amendment by failing to properly co…
23-5799 Donald L. Missimer, Jr. v. Jay Forshey, Warden Ohio 2023-10-18 Denied Response WaivedIFP civil-rights due-process establishment-clause free-exercise standing state-action Whether the Ohio Supreme Court erred in its interpretation and application of the Establishment Clause of the First Amendment to the United States Con…
23-372 Torey Jarrett v. Service Employees International Union Local 503, et al. Ninth Circuit 2023-10-06 Denied Amici (2)Response WaivedRelisted (2) 42-U.S.C.-§-1983 civil-rights consent due-process public-employees public-sector-unions state-action state-actor union-dues wage-deduction wage-deductions Whether a state-designated exclusive representative is a state actor under 42 U.S.C. § 1983 when it directs a public employer to deduct dues from non-…
23-299 ATM Shafiqul Khalid v. Citrix Systems, Inc. Ninth Circuit 2023-09-26 Denied Relisted (2) civil-rights constitutional-interpretation copyright due-process exclusive-right inventor-protection patent patent-rights standing state-action statutory-interpretation takings Whether the exclusive Right in inventions as written in the Constitution is a fundamental Right or Constitutional privilege
23-270 County of Tulare, California, et al. v. Jose Murguia, Individually and on Behalf of the Estates of Mason and Maddox Murguia, et al. Ninth Circuit 2023-09-20 Denied Amici (3) deliberate-indifference due-process fourteenth-amendment private-violence shocks-the-conscience state-action state-created-danger substantive-due-process Whether a State's failure to protect an individual who is not in state custody from violence by a private person constitutes a violation of the Due Pr…
23-5500 Le'Troy D. Merritt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-09-01 Denied IFP confrontation-clause constitutional-law criminal-procedure due-process evidentiary-rules fair-trial federal-appeal habeas-corpus judicial-review procedural-due-process state-action Can a state's evidentiary rules violate the Constitution's due process clause by depriving a defendant of a fair trial?
23-179 Alaska, et al. v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO Alaska 2023-08-25 Denied Amici (8)Response RequestedResponse WaivedRelisted (5) civil-rights due-process employee-rights first-amendment free-speech paycheck-deduction public-sector-unions state-action union union-speech voluntary-waiver waiver Whether the First Amendment prohibits a state from taking money from employees' paychecks to subsidize union speech when the state lacks sufficient ev…
23-5416 Curtis Benjamin Hollingsworth v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-08-23 Denied Response WaivedIFP civil-rights constitutional-rights double-jeopardy due-process federal-jurisdiction state-action Does the federal courts have to consider States and individuals, acting in their official capacity and/or the authority of the States, do not violate …
23-5361 Andrew Slabon v. Angelo R. Sanchez, et al. Seventh Circuit 2023-08-16 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process free-speech jury-trial procedural-rules seventh-amendment standing state-action trial-by-jury Whether the Seventh Amendment's fundamental right to a trial by jury is violated when meritorious complaints are dismissed based on monetary policies …
23-73 Colleen Huber v. Joseph R. Biden, Jr., President of the United States, et al. Ninth Circuit 2023-07-25 Denied Response Waived censorship civil-rights conspiracy first-amendment free-speech pleading-stage pleading-standards social-media-regulation state-action twombly-iqbal Whether an alternative explanation of nonliability requires additional facts beyond a plausible claim that tend to exclude the alternative explanation…
23-29 CLA Estate Services, Inc., et al. v. Washington Washington 2023-07-11 Denied Response RequestedResponse WaivedRelisted (2) civil-rights commercial-speech consumer-protection due-process fair-notice first-amendment free-speech state-action state-regulation vagueness Whether a company has fair notice under the Due Process Clause
22-1199 Rogan O'Handley v. Shirley N. Weber, California Secretary of State, et al. Ninth Circuit 2023-06-12 Denied Amici (5)Response RequestedResponse WaivedRelisted (3) censorship first-amendment free-speech government-speech online-censorship political-speech social-media social-media-regulation state-action Whether state officials violated the First Amendment by directing social media companies to remove political speech deemed false or misleading
22-1099 Barry Clarke v. Fine Housing, Inc. South Carolina 2023-05-10 Denied Response Waived allied-structural-steel allied-structural-steel-co-v-spannaus art-i-sec-10 constitutional-law contract-impairment due-process obligation-of-contracts state-action state-supreme-court Did the South Carolina Supreme Court's invalidation of Petitioner's contract based on its sudden adoption of a universal rule of decision constitute a…
22-7406 Shawn Henry v. Florida Florida 2023-04-28 Denied Relisted (2)IFP civil-rights constitutional-rights due-process equal-protection fair-trial false-evidence fourteenth-amendment prosecutorial-misconduct state-action state-court-discrimination Whether petitioner was denied substantial equality and fair process
22-928 Roger Swartz v. Board of Trustees of University of Pennsylvania, et al. Third Circuit 2023-03-23 Denied academic-freedom civil-rights constitutional-rights due-process equitable-tolling extraordinary-circumstances scienter state-action state-actor university-funding When can unrestricted state funding to a university professor make them a state actor?
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?
22-902 Sara Gonzalez Flavell v. Tracy Jane Marshall, et al. District of Columbia 2023-03-17 Denied Response Waived civil-procedure civil-rights diversity-jurisdiction due-process federal-courts immunity international-organizations judicial-immunity judicial-power procedural-rights state-action Whether the two federal courts may in this manner and by issuing these rulings deprive a litigant of the right to pursue their state action in state c…
22-779 Jeffrey Wills Lusk, Individually and as Executor of the Estate of Dorothy Jean Ross Lusk, Deceased v. Alsata Salimatu Lamin, et al. Sixth Circuit 2023-02-17 Denied Response Waived 42-usc-1985-3 civil-rights class-based-animus congressional-power conspiracy constitutional-law discrimination discriminatory-intent federal-jurisdiction state-action statutory-interpretation Should a conspiracy motivated by invidiously discriminatory intent other than racial bias be actionable under 42 U.S.C. § 1985(3)
22-724 San Juan County, Utah v. Rosalie Chilcoat Tenth Circuit 2023-02-02 Denied 42-usc-1983 civil-rights due-process monell monell-doctrine municipal-liability section-1983 state-action state-actor unconstitutional-action Whether a municipality may be exposed to liability under Section 1983 and Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (1978), if …
22-711 Arthur Lopez v. Our Lady Queen of Angels Catholic Church, et al. California 2023-01-31 Denied Response Waived 14th-amendment civil-procedure civil-rights constitutional-rights due-process equal-protection ex-parte judicial-system state-action Should the State of California, its judicial system, and the Catholic Church be required to adhere to the rights guaranteed by the U.S. Constitution a…
22-611 Kevin Lindke v. James R. Freed Sixth Circuit 2023-01-04 Judgment Issued Amici (9)Relisted (2) civil-rights constitutional-scrutiny first-amendment free-speech government-duty government-official public-forum public-official social-media state-action Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or …
22-6330 Billy Ray Jackson v. Bryan Daniel, et al. Fifth Circuit 2022-12-19 Denied Response WaivedIFP administrative-review civil-rights due-process fourteenth-amendment individual-capacity liberty property section-1983 sovereign-immunity state-action unemployment-benefits Whether petitioner Billy Ray Jackson's 42 U.S.C. 1983 complaint states a claim against the respondent state officials under color of state law
22-539 Juliet Anilao, et al. v. Thomas J. Spota, III, Individually and as District Attorney of Suffolk County, New York, et al. Second Circuit 2022-12-13 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) 1983 civil-rights constitutional-violation first-amendment prosecutorial-immunity section-1983 state-action thirteenth-amendment Whether a prosecutor can be sued under 42 U.S.C. § 1983 for bringing charges that violate the First and Thirteenth Amendments
22-6227 Peter Corines v. New York New York 2022-12-06 Denied Response WaivedRelisted (2)IFP constitutional-amendments due-process equal-protection false-testimony indictment ineffective-assistance-of-counsel plea-bargain state-action Was Petitioner denied due process and equal protection
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
22-5948 Brett W. Cormier v. Florida Florida 2022-10-31 Denied Response WaivedRelisted (2)IFP constitutional-law contract-clause contract-impairment contracts-clause criminal-law due-process grand-theft impairment-of-contracts state-action state-prosecution Did the State of Florida violate Art. I, Sect. 10 of the United States Constitution when it impaired the obligation of petitioner's contracts by charg…
22-5907 Ronald J. Brooking v. Daniel Moloney Maryland 2022-10-25 Denied Relisted (2)IFP 14th-amendment constitutional-rights fairness fourteenth-amendment judicial-decision maryland-rules privileges-or-immunities procedural-due-process state-action Did the Circuit Court, Court of Special Appeals, and the Court of Appeals err in violations against the Petitioner's rights in the 14th Amendment to t…
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 …
22-324 Michelle O’Connor-Ratcliff, et al. v. Christopher Garnier, et ux. Ninth Circuit 2022-10-06 Judgment Issued Amici (12)Relisted (3) blocking-access circuit-split civil-rights first-amendment free-speech public-official social-media standing state-action Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official's personal social-media a…
22-305 Kevin O'Rourke, et al. v. Dominion Voting Systems, Inc., et al. Tenth Circuit 2022-09-29 Denied 1983 article-iii civil-rights constitutional-rights due-process federal-rights free-speech section-1983 standing state-action voting Whether citizens have standing to sue private persons engaged in state action for relief under § 1983 for deprivations of their right to vote for pres…
22-238 Charter Day School, Inc., et al. v. Bonnie Peltier, as Guardian of A. P., a Minor Child, et al. Fourth Circuit 2022-09-14 Denied CVSGAmici (8)Relisted (2) charter-school charter-schools civil-rights educational-policy government-contract government-contracts nonprofit-corporation policy-formulation private-entities public-education state-action Whether a private entity that contracts with the State to operate a charter school engages in state action when it formulates a policy without coercio…
22-5579 William Baham v. Tim Hooper, Warden Fifth Circuit 2022-09-13 Denied Response WaivedIFP 14th-amendment civil-rights confrontation-clause constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance state-action supremacy-clause Whether the 14th Amendment imposes upon the States of Louisiana the obligation to refrain from systemic, purposeful deprivations of substantive federa…
22-213 Delores Polk, et al. v. Betty Yee, in Her Official Capacity as State Controller of California, et al. Ninth Circuit 2022-09-08 Denied Response Waived 42-usc-1983 first-amendment nonmembers state-action union-speech waiver Whether states and unions need clear and compelling evidence of a waiver to seize payments for union speech from nonmembers
22-5487 Gabriel Paul Hall v. Texas Texas 2022-09-01 Denied IFP capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent Did the TCCA err in holding that the State upheld its 'affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protection…
22-173 Roger Swartz v. Board of Trustees of University of Pennsylvania, et al. Third Circuit 2022-08-24 Denied Response WaivedRelisted (2) 14th-amendment-rights bar-admission child-representation-rights civil-rights due-process experiential-legal-learning legal-education non-traditional-legal-representation standing state-action state-actor-interference tort-case-representation When one learns the practice of law limited through experiential learning because they have been deprived of their 14th-Amendment-rights and many othe…
22-91 Stephanie Logsdon Smith, et al. v. Kentucky Sixth Circuit 2022-07-29 Denied Response Waived 13th-amendment civil-rights constitutional-violation involuntary-servitude private-right-of-action probation-officer sexual-slavery slavery sovereign-immunity state-action thirteenth-amendment Whether the Constitution confers a private right of action against an individual State when that State violates the explicit prohibitions against slav…
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?
21-8028 Ryricka Nikita Custis v. Virginia Virginia 2022-06-01 Denied Response WaivedIFP 14th-amendment 1st-amendment civil-rights due-process equal-protection state-action Whether the Petitioner's Constitutional Rights Were Violated Under The Constitution Of Virginia and the United States Constitution?
21-7845 Jennifer C. Rundle v. Windsor Manor, Inc. Virginia 2022-05-11 Denied Response WaivedIFP amended-petition circuit-court civil-procedure due-process liberty liberty-interest motion-to-compel precedent property property-rights state-action Should the Norfolk Circuit Court have granted the petitioner's Motion to Compel Discovery and Continue the Trial
21-7591 Donald Morris Lee v. Washington Washington 2022-04-11 Denied IFP civil-rights constitutional-violation due-process habeas-corpus judicial-remedy judicial-review resentencing sentencing sentencing-error state-action Can the court void the illegally obtained 3&S?
21-1205 Eric E. v. Los Angeles County Department of Children and Family Services California 2022-03-03 Denied child-custody civil-rights constitutional-rights due-process family-law jury-trial mootness-doctrine parental-rights standing state-action Whether a parent has a constitutional right to a jury trial in a child custody proceeding initiated by the state
21-1181 Lyndsey Ballinger, et al. v. City of Oakland, California Ninth Circuit 2022-02-28 Denied Amici (3) dolan-v-city-of-tigard due-process fourth-amendment nollan-v-california-coastal-commission property-rights seizure state-action takings tenant-rights unconstitutional-conditions Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission and Dolan v. City of Tigard apply to an ordinance that requir…
21-1092 Aaron Evan Perry v. Tennessee Tennessee 2022-02-07 Denied Response Waived 4th-amendment agency-law civil-rights constitutional-protections constitutional-rights fourth-amendment loss-prevention private-enforcement private-search public-interest state-action state-action-doctrine Whether the distinction between state and private actors has blurred in retail crime investigations
21-1073 Kourosh Kenneth Hamidi, et al. v. Service Employees International Union, Local 1000 Ninth Circuit 2022-02-02 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights employee-protections first-amendment fourteenth-amendment good-faith state-action union-rights waiver Whether a labor union acting in concert with state officials may seize payments for union political speech from an employee absent clear and compellin…
21-844 Jim Carmack v. Mark Janny, et al. Tenth Circuit 2021-12-07 Dismissed civil-rights due-process first-amendment free-speech housing-services parole parole-conditions religious-freedom state-action state-actor summary-judgment Whether the employee of a private, religious nonprofit may be held liable, as a state actor, for making pro bono housing and social services at the no…
21-6408 James A. Harnage v. Janine Brennan, et al. Second Circuit 2021-11-24 Denied Response WaivedIFP administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action Whether a state violates the express terms of a settlement agreement by refusing to affirm the decision maker of their authority to grant approvals th…
21-6275 David Wayne Dooley v. Kentucky Kentucky 2021-11-16 Denied Response WaivedIFP arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction,…
21-695 Bennie Anderson v. New Jersey New Jersey 2021-11-12 Denied Response Waived constitutional-scrutiny eighth-amendment excessive-fines excessive-fines-clause national-importance pension-seizure public-pensions punitive-forfeiture punitive-forfeitures state-action Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a 'fine' for purpose…
21-639 Mark R. Smith v. Kate Bieker, et al. Ninth Circuit 2021-11-01 Denied Response Waived dues-seizure employee-rights first-amendment fourteenth-amendment johnson-v-zerbst state-action union-speech waiver waiver-of-rights May a State, consistent with the First and Fourteenth Amendments, seize for union speech payments from an employee who has notified the State that he …
21-615 Christopher A. Woods, et al. v. Alaska State Employees Association, AFSCME Local 52, et al. Ninth Circuit 2021-10-27 Denied Amici (1) first-amendment free-speech public-sector state-action union-dues waiver Do government employers and unions need clear and compelling evidence that employees waived their First Amendment right to refrain from subsidizing un…
21-609 Loriann Anderson, et al. v. Service Employees International Union Local 503, et al. Ninth Circuit 2021-10-26 Denied Response Waived constitutional-rights first-amendment free-speech nonmember-employees public-employees state-action union-dues union-membership waiver Whether government employers and unions need clear and compelling evidence of employees' knowing, intelligent, and voluntary waiver of First Amendment…
21-575 Freedom Foundation v. Washington Department of Ecology, et al. Ninth Circuit 2021-10-20 Denied Amici (1)Response Waived civil-rights first-amendment free-speech freedom-of-speech public-employee-unions public-employees right-to-work state-action unions viewpoint-discrimination Does state action that supports speech by public employee unions to public employees advocating union membership and disfavors speech by right-to-work…
21-537 Adir International, LLC, et al. v. Starr Indemnity and Liability Company Ninth Circuit 2021-10-13 Denied Amici (2) civil-procedure constitutional-rights due-process fourteenth-amendment insurance insurance-proceeds legal-defense standing state-action state-litigation Whether the Due Process Clause of the Fourteenth Amendment permits a State to prohibit private parties from using untainted funds, such as otherwise l…
21-392 Owner-Operator Independent Drivers Association, Inc., et al. v. Eric Holcomb, Governor of Indiana, et al. Seventh Circuit 2021-09-10 Denied Response Waived circuit-split dormant-commerce-clause governmental-authority highway-tolling interstate-commerce market-participant-exception state-action state-discrimination Whether state conduct constitutes proprietary 'market participation' exempt from the dormant Commerce Clause
21-5429 Pedro Reyes v. Jeff Jensen, et al. Tenth Circuit 2021-08-24 Denied Response WaivedIFP administrative-law civil-rights due-process equal-protection fourteenth-amendment notice notice-requirement standing state-action Whether State action is implied by the Bureau of Land Management's (BLM) anomalous codification
21-65 Yvonne Bowers, Sr. v. Lynx Asset Services, LLC New Jersey 2021-07-16 Denied Relisted (2) 42-usc-1983 civil-rights due-process equal-protection fraud-on-court fraud-on-the-court section-1983 state-action state-actions Whether violations of due process and equal protection of law by state actions present a constitutional challenge and violates Petitioner's civil righ…
20-1773 Pasadena Republican Club v. Western Justice Center, et al. Ninth Circuit 2021-06-23 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 42-usc-1985 civil-rights first-amendment fourteenth-amendment property-management state-action state-actor viewpoint-discrimination Whether the Western Justice Center is a state actor for purposes of the First and Fourteenth Amendments and 42 U.S.C. §§ 1983 and 1985(3)
20-7938 Cherie Phillips v. Charo Rowley Idaho 2021-05-05 Denied IFP civil-procedure civil-rights constitutional-rights due-process guardianship-rights hospice-mandate judicial-bias judicial-misconduct pro-se standing state-action Whether the Idaho Courts denied the fairness and justice of Due Process
20-1413 Debra M. Brown v. Federal National Mortgage Association Massachusetts 2021-04-09 Denied Response Waived constitutional-constraints delegation-of-authority due-process equal-protection foreclosure housing-court land-court mortgage-backed-securities servicer-responsibilities state-action takings Whether the U.S. Government and/or state government can take private citizens' property without due process of law constituting a violation of the Fif…
20-1378 Linda Rizzo-Rupon, et al. v. International Association of Machinists and Aerospace Workers, AFL-CIO District 141, Local 914, et al. Third Circuit 2021-04-01 Denied agency-fees first-amendment janus-v-afscme private-sector-employees railway-labor-act state-action union-representation Does this Court's recent First Amendment agency-fee ban announced in Janus v. AFSCME apply to private-sector employees governed by the Railway Labor A…
20-7555 Anthony A. Patel v. Patricia Miller, et al. Ninth Circuit 2021-03-25 Denied Response WaivedIFP asian-americans civil-rights constitutional-law due-process equal-protection mental-health political-speech state-action Do the federal civil rights laws apply equally to Americans of Asian descent?
20-1294 Simon Campbell, et al. v. Pennsylvania School Boards Association, et al. Third Circuit 2021-03-17 Denied Amici (1)Relisted (2) 42-u-s-c-1983 civil-rights first-amendment free-speech petitioning petitioning-immunity retaliation retaliation-claim sham-litigation state-action state-actors Are state actors entitled to petitioning immunity for a First Amendment retaliation claim under 42 U.S.C. § 1983?
20-1287 Recovery Innovations, Inc., et al. v. Kenneth Rawson Ninth Circuit 2021-03-16 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights constitutional-rights due-process federal-law involuntary-commitment mental-health mental-health-services state-action state-action-doctrine Whether private healthcare providers are state actors under 42 U.S.C. § 1983 when providing mental health services pursuant to a state's involuntary c…
20-7054 Paul E. Weber v. Amy Arnott Quinlan, et al. Third Circuit 2021-02-05 Denied Response WaivedIFP 42-U.S.C-§1983 civil-rights constitutional-rights due-process fair-trial habeas-corpus judicial-review post-conviction-relief postconviction-remedy section-1983 state-action Is the refusal of state officials to afford a defendant existing postconviction remedies actionable under 42-U.S.C-§1983?
20-1001 Columbia MHC East, LLC, et al. v. Melody Stewart, et al. Sixth Circuit 2021-01-26 Denied 14th-amendment 5th-amendment just-compensation mootness state-action takings Can the official actions of state judges violate the Takings and Just Compensation Clauses of the Fifth Amendment to the US Constitution?
20-878 Michael Edwards v. Indiana University Seventh Circuit 2020-12-31 Denied Response Waived 14th-amendment constitutional-rights due-process employment-discrimination equal-protection fourteenth-amendment public-employment state-action workplace-termination Was my 14th Amendment United States Constitutional Rights violated when I was fired by Indiana University?
20-751 Ashley Ann Krapacs v. The Florida Bar Florida 2020-12-01 Denied Response WaivedRelisted (2) abstract-idea administrative-law bar-discipline civil-rights disbarment due-process first-amendment fourteenth-amendment free-speech free-speech 20-7519" integrated-bar intellectual-property judicial-corruption patent-law political-speech professional-conduct state-action supreme-court-precedent Whether the Supreme Court will address alleged jud Whether the state action of disbarment violates the First Amendment as applied to the States through the Fourteenth Amendment
20-651 Cook Children's Medical Center v. T. L., a Minor, et al. Texas 2020-11-13 Denied Amici (1) civil-liability civil-rights constitutional-challenge due-process hospital-review internal-review-process medical-ethics section-1983 state-action texas-advance-directives-act Whether private doctors who discontinue private care for a private patient at a private hospital are state actors for invoking a state law's internal-…
20-485 Michael Torrence v. Kentucky Kentucky 2020-10-14 Denied 14th-amendment cell-phone-evidence cell-phone-tower-evidence confrontation-clause cross-examination due-process lay-witness pretrial-identification state-action whether-the-court's-ruling-that-cell-phone-tower-location-data-and-interpretation-may-be-presented-by-an-unqualified-lay-witness-who-is-unable-to-answ…
20-387 Lewana Howard v. Gabriel DeFrates, et al. Seventh Circuit 2020-09-25 Denied Response Waived 14th-amendment 42-usc-1983 civil-rights equal-protection federal-remedy retaliation state-action state-employees When state employees acting in personal capacity violate 14th Amendment Equal Protection rights of a protected group member, can 42 U.S.C. 1983 be use…
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?
20-373 Richard Lee Abrams v. Gavin Newsom, Governor of California Ninth Circuit 2020-09-23 Denied Response Waived civil-rights constitutional-challenge discrimination due-process equal-protection judicial-bias judicial-discretion motion-to-dismiss standing state-action Did the district court and the Ninth Circuit abuse their discretion by not allowing Petitioner to argue that the behavior of the Commission on Judicia…
20-5724 Justin Lamar Johnson v. Joseph Gibson, Judge, et al. Sixth Circuit 2020-09-16 Denied Response WaivedRelisted (2)IFP 42-usc-1983 civil-conspiracy civil-rights court-appointed-attorneys fraud immunity judicial-immunity res-judicata state-action state-actors Are court-appointed attorneys state actors for 42 USC 1983 claims?
20-5211 Michael Anthony Dobson v. Colin D. Stolle, et al. Fourth Circuit 2020-07-29 Denied Response WaivedRelisted (2)IFP attorney-client-privilege civil-rights constitutional-law constitutional-rights due-process informant-relationship personal-safety prison-administration race-restrictions state-action state-custody Whether the administration of a state prison facility's policy of routinely recording phone calls between prisoners and their attorneys violates the p…
19-8858 Xavier Deshawn Lymas v. United States Fourth Circuit 2020-06-29 Denied Response WaivedIFP civil-rights due-process excessive-fines incorporation state-action takings Whether the Eighth Amendment's prohibition on excessive fines applies to the states
19-1347 LaDawn Douglas v. Kondaur Capital Corporation Michigan 2020-06-09 Denied 14th-amendment 5th-amendment as applied and enforced in the courts below constitutes state-action due-process foreclosure MCL § 600.3201 et seq. property-rights 14th-amendment civil-rights constitutional-rights due-process foreclosure foreclosure-by-advertisement michigan-statute property-law state-action takings Whether Michigan's foreclosure by advertisement statute, MCL § 600.3201 et seq., as applied and enforced in the courts below, constitutes state action…
19-7674 Kyle K. Clark v. Kevin Lindsay, Warden Sixth Circuit 2020-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic Did the Sixth Circuit depart from this Court's prior decisions and create a conflict with its own precedent and a split with other circuits requiring …
19-7591 Leo Lionel Payne v. Jessica Mangum Fourth Circuit 2020-02-07 Denied Response WaivedIFP 14th-amendment civil-procedure civil-rights constitutional-deprivation due-process failure-to-defend fourteenth-amendment jurisdiction right-to-travel standing state-action travel When Ms. Mangum acting under color of state law deprived petitioner of constitutional right to travel by the Fourteenth Amendment of the United States…
19-7499 Susan Skipp v. United States Court of Appeals for the Second Circuit Second Circuit 2020-01-31 Denied Response WaivedIFP 14th-amendment 1st-amendment 9th-amendment civil-rights constitutional-amendments discrimination due-process equal-protection fatherhood-initiative federal-funding multi-agency-agreement state-action Does the implemented Section 17b-27a - John S. Martinez Fatherhood Initiative, Objectives, Reports, Funding, Grant program, programming and tenacle(d)…
19-918 Anthony J. Lucero v. James R. Koncilja, et al. Tenth Circuit 2020-01-23 Denied Response Waived 14th-amendment civil-procedure civil-rights due-process judicial-bias legal-malpractice motion-for-default-judgment res-judicata state-action Did Respondents violate Petitioner's 14th-amendment-due-process rights
19-7229 Asata D. Lowe v. Mike Parris, et al. Tennessee 2020-01-09 Denied Response WaivedRelisted (2)IFP 14th-amendment appellate-procedure civil-procedure civil-rights constitutional-rights due-process procedural-due-process property-interest state-action state-court-procedure subject-matter-jurisdiction substantive-due-process Does the Petitioner have a property interest in Rule 13 and 36 of the Tennessee Rules of Appellate Procedure and the Right to relief secured by the 14…
19-856 Los Angeles County, California v. Trina Ray, et al. Ninth Circuit 2020-01-08 Denied Response Waived administrative-law due-process fair-labor-standards-act federal-preemption labor-law non-enforcement-policy overtime-wages sovereign-immunity state-action state-agency Whether a county, which acts as an agent of the state in administering a state social welfare program, is an arm of the state entitled to sovereign im…
19-853 Sandra R., et al. v. Arizona Department of Child Safety Arizona 2020-01-06 Denied Response Waived child-custody clear-and-convincing-evidence constitutional-standard due-process family-law parental-rights state-action state-intervention termination Whether the Due Process Clause requires a State to allege and prove a parent's unfitness by clear and convincing evidence to terminate parental rights
19-821 Isaac M. Nsejjere v. Reuben Smith, et ux. Washington 2019-12-31 Denied constitutional-law constitutional-rights deprivation deprivation-of-rights due-process equal-protection legal-principles state-action unequal-protection Is a state action constitutional when it leads to deprivation by denying a process that is 'due', and premised on unequal protection under the law?
19-793 Institute for Free Speech v. Rob Bonta, Attorney General of California Ninth Circuit 2019-12-20 GVR Amici (3)Response RequestedResponse WaivedRelisted (4) civil-rights compelled-disclosure donor-disclosure exacting-scrutiny first-amendment free-speech nonprofit nonprofit-association standing state-action strict-scrutiny Whether a state official's demand for all significant donors to a nonprofit organization, as a precondition to engaging in constitutionally-protected …
19-6927 Tony Egbuna Ford v. Texas Texas 2019-12-12 Denied IFP arbitrary-state-action criminal-procedure death-penalty due-process fourteenth-amendment habeas-corpus merits-consideration state-action state-created-right state-created-rights statutory-criteria subsequent-application subsequent-habeas-application Whether the Texas Court of Criminal Appeals' unexplained dismissal of claims raised in a subsequent application for writ of habeas corpus violated the…
19-6879 Salim Abdul-Malik v. City Government Office of Court Administration, et al. Second Circuit 2019-12-06 Denied IFP access-to-courts civil-rights constitutional-rights court-accessibility due-process immigration-procedures judicial-reform pleading-standards prisoner-litigation-reform-act pro-se-litigants pro-se-litigation state-action What is the proper treatment of pro se litigants in the federal court system to ensure their constitutional and judicially-recognized rights to a fair…
19-6852 Matthew Tassone v. Zephynia Tassone Ohio 2019-12-04 Denied IFP 28-usc-1257a collateral-judgment constitutional-notice due-process extrinsic-fraud fair-notice fraud judicial-procedure state-action Are the Due Process requirements of the Constitution violated when the state defrauds a litigant of fair notice and a meaningful opportunity to be hea…
19-6741 Jose Joaquin Ramirez v. Jeffrey C. Bloom, et al. Second Circuit 2019-11-27 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction incompetence incompetency incompetency-determination judicial-discretion mental-health section-1983 standing state-action title-42-usc-1983 Is a Governmental Paid - Governmental Mandated Lawyer that is forced upon an individual against will without consent acting as a Governmental Agent?
19-686 Snodgrass-King Pediatric Dental Associates, P.C., et al. v. DentaQuest USA Insurance Co., Inc. Sixth Circuit 2019-11-27 Denied Response Waived 1st-amendment 42-usc-1983 blum-v-yaretsky civil-rights first-amendment government-contractor government-directive private-contractor section-1983 significant-encouragement state-action Whether a government directive made to a private contractor while the contractor is bidding on a lucrative and admittedly important government contrac…
19-643 John Hurry, et al. v. Financial Industry Regulatory Authority, Inc., et al. Ninth Circuit 2019-11-19 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-law due-process finra immunity law-enforcement-powers private-corporation regulatory-authority securities-industry securities-regulation state-action state-actor tort-immunity Whether FINRA, an ostensibly private corporation invested with vast powers to regulate the securities industry, is absolutely immune from any claims a…
19-6191 K. N., et ux. v. Montana Department of Public Health and Human Services Montana 2019-10-07 Denied Response WaivedRelisted (3)IFP 1st-amendment 5th-amendment civil-rights civil-rights-act-of-1964 constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process fifth-amendment freedom-of-religion parental-rights religious-discrimination self-incrimination state-action state-overreach Did the state's demands that the parents admit guilt violate their Constitutional rights under the 5th Amendment?
19-6043 Larry Craig Cash v. Vance Laughlin, Warden Georgia 2019-09-25 Denied IFP 14th-amendment constitutional-rights conviction criminal-procedure death-penalty due-process effective-assistance fourteenth-amendment jury-selection murder-trial racial-discrimination standing state-action trial-duty Whether the rights of a defendant under the Due Process Clause of the Fourteenth Amendment were properly utilized by the State of Georgia
19-333 Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al. Washington 2019-09-12 Rehearing Amici (10)Relisted (13) civil-rights compelled-speech content-based first-amendment free-exercise free-speech public-accommodation religious-freedom religious-hostility same-sex-marriage state-action strict-scrutiny Whether the State violates a floral designer's First Amendment rights to free exercise and free speech by forcing her to take part in and create custo…
19-325 Columbian Financial Corporation v. Tim Kemp, Bank Commissioner of Kansas, et al. Tenth Circuit 2019-09-10 Denied Response Waived 14th-amendment administrative-law constitutional-violations due-process fourteenth-amendment notice opportunity-to-be-heard preclusion property-rights res-judicata state-action Whether Petitioner's due process rights were violated when the lower federal courts barred Petitioner's claim by applying preclusive effect to the ver…
19-5605 Stephen Alan Macomber v. Kansas Kansas 2019-08-23 Denied Response WaivedIFP 4th-amendment 5th-amendment burden-of-proof civil-liberties constitutional-rights due-process equal-protection fair-trial fourteenth-amendment sixth-amendment state-action use-of-force Did the trial courts fail to give a specific use-of-force presumption, thereby lowering the burden of proof for the state and violating the defendant'…
19-5454 Melinda Scott v. Andrew Carlson, et al. Fourth Circuit 2019-08-07 Denied IFP civil-rights constitutional-rights due-process fourth-amendment free-speech information-disclosure online-publication privacy privacy-act standing state-action state-actor Are private citizens, who take over functions normally left to the state, by publishing information, on the Internet, about others from (a) courts not…
19-5493 David Ray Taylor v. Oregon Oregon 2019-08-07 Denied IFP 8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire Whether a trial court may impose a death sentence during a statewide moratorium on executions
19-5488 Loretta Jackson v. Joseph Barla, et al. Delaware 2019-08-06 Denied Relisted (2)IFP 14th-amendment 4th-amendment animal-rights civil-rights due-process excessive-force fourteenth-amendment fourth-amendment property-rights state-action state-actor Whether The Supreme Court of the State of Delaware deprived Loretta Jackson of her Due Process rights under the 4th and 14th Amendment of the United S…
19-145 Vincent Mastanduno v. National Freight Industries, et al. North Carolina 2019-07-31 Denied Response Waived civil-rights compelling-state-interest constitutional-rights due-process health-information informational-privacy privacy public-disclosure public-interest state-action state-agency state-disclosure transparency Does a person have a constitutional right to privacy over his personal health information; and where the State publishes a person's private health inf…
19-51 Ben Branch, et al. v. Massachusetts Department of Labor Relations, et al. Massachusetts 2019-07-08 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) bargaining-representative civil-rights compelled-speech constitutional-rights due-process exclusive-representation first-amendment free-speech political-activity political-autonomy public-employee state-action union-representation Whether a public employee union's use of its government-granted authority as exclusive bargaining representative to compel employees to choose between…
18-9794 Paul Vallejo v. Texas Texas 2019-06-25 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-law criminal-procedure due-process ex-post-facto fundamental-fairness state-action statute-of-limitations Does the ex post facto clause and 'fundamental fairness' prohibit the state from removing a potential statute of limitations defense?
18-1544 Hallmark Care Services, Inc., et al. v. Superior Court of Washington, Spokane County Washington 2019-06-14 Denied Response Waived appellate-review civil-rights court-appointed-guardian due-process ex-parte fourteenth-amendment guardianship predeprivation-rights professional-guardians property-interest property-rights state-action sua-sponte Whether a court-appointed professional guardian has a property interest in the business expectation of continued fees, and a pre-deprivation right to …
18-9545 Robert Hercenberger v. Kathy Proctor Oregon 2019-06-04 Denied Response WaivedIFP civil-rights constitutional-law discrimination due-process equal-protection fourteenth-amendment government-policy legal-equality state-action state-jurisdiction Where Equal Protection of the laws definition apply for all
18-1440 Marby Hogen, et al. v. Steven C. Hogen, as Personal Representative of the Estate of Arline H. Hogen, Deceased, et al. North Dakota 2019-05-17 Denied Response Waived due-process equal-protection fourteenth-amendment judicial-procedure north-dakota probate property-rights state-action takings vested-interests Does the decision of the Supreme Court of North Dakota deprive the Petitioners of established property rights in violation of the due process and equa…
18-9334 In Re Phillip S. Grigalanz 2019-05-17 Denied IFP access-to-courts access-to-process appellate-process civil-rights due-process prisoner-rights state-action state-actors unlawful-interference writ-of-certiorari Do State actors possess an inherent responsibility to protect a prisoner's right of access to process against unlawful interference?
18-9204 Devon A. Brown v. Florida Department of Revenue, et al. Eleventh Circuit 2019-05-09 Denied Response WaivedIFP civil-rights constitutional-rights contract contract-enforcement due-process original-jurisdiction social-security-act state-action state-expenditure title-iv-d Can a state or its agency violate Appellant's constitutional rights to enforce upon him an obligation that is contractual in nature?
18-9166 Travis Michael Ortiz v. David Baughman, Warden, et al. Ninth Circuit 2019-05-08 Denied IFP 14th-amendment 4th-amendment 5th-amendment civil-rights due-process equal-protection standing state-action takings Can California violate my freedom of the Double Security Clauses of the 4th Amendment and 5th Amendment of the U.S. Constitution?
18-9128 Shawn R. Erpelding v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2019-05-03 Denied IFP 14th-amendment arbitrary-denial civil-rights constitutional-rights due-process habeas-corpus prisoner-rights privileges-and-immunities standing state-action Does the State of Nebraska violate the 14th Amendment's privileges and immunities clause by arbitrarily denying committed offenders the privilege of a…
18-8984 Nathan Caetano v. Suzanne M. Peery, Warden Ninth Circuit 2019-04-24 Denied Response WaivedIFP aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error Whether a retrospective competency determination where mental incompetence is the impediment is permissible under AEDPA(4)(B)
18-1278 Corey A. Kerns, et al. v. Chesapeake Exploration, L.L.C., et al. Sixth Circuit 2019-04-08 Denied Response Waived 42-usc-1983 due-process due-process-clause horizontal-drilling mineral-extraction mineral-rights permanent-physical-invasion property-rights regulatory-police-power state-action state-regulatory-police-power state-regulatory-power subsurface-rights takings-clause Whether state regulatory police power statute allowing permanent physical invasion of private subsurface for oil/gas extraction violates due process a…
18-1245 Oglala Sioux Tribe, et al. v. Lisa Fleming, in Her Official Capacity, et al. Eighth Circuit 2019-03-26 Denied Response RequestedResponse WaivedRelisted (2) abstention child-welfare civil-procedure civil-rights constitutional-challenge due-process irreparable-harm parental-rights procedural-rights standing state-action tribal-sovereignty younger-abstention Whether the procedures used for preliminary hearings in child removal cases violate due process rights of parents
18-1149 George A. Gallenthin, III v. Borough of Paulsboro, et al. New Jersey 2019-03-05 Denied 14th-amendment 5th-amendment civil-rights due-process eminent-domain Fifth-Amendment Fourteenth-Amendment just-compensation procedural-due-process property property-rights state-action takings Uncompensated takings of private property without procedural due process
18-7983 Eric Joseph Laurson v. Colorado Colorado 2019-02-14 Denied Response WaivedIFP claim-imputation collateral-review constitutional-entitlement due-process habeas-corpus imputation judicial-review procedural-default state-action state-regulation May procedural default of the review of a claim of constitutional entitlement, which a state regulates to the collateral review venue, be properly imp…
18-7413 Billy Dean Smith v. Robert Corcoran, et al. Ninth Circuit 2019-01-15 Denied IFP alaska-statute brown-vs-board civil-rights constitutional-challenge criminal-statute disciplinary-actions due-process free-speech prison-discipline prison-regulations state-action state-law vagueness-doctrine void-for-vagueness Does the Fell Faith and Credit Clause apply to the Bradshaw v. Ash case involving disciplinary actions against a prisoner?
18-7405 Gary Lee Beason v. Indiana Indiana 2019-01-14 Denied Response WaivedIFP appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness Was Beason denied basic Due Process when a biased judge presided over his trial, and can the states preclude the issue from review on collateral attac…
18-7298 Nicole M. Moore v. Florida Florida 2019-01-10 Denied Response WaivedIFP brady-v-maryland civil-rights conviction criminal-procedure due-process false-testimony incarceration prison-sentence prosecutorial-misconduct state-action wrongful-conviction Whether the Due Process Clause excuses the State of Florida's use of false testimony in the procurement of a conviction and 13-year prison sentence wh…
18-886 Lillian M. Jones v. Hawaii Residency Programs, Inc., et al. Ninth Circuit 2019-01-09 Denied 14th-amendment civil-rights corporate-fraud due-process fourteenth-amendment fraud judicial-procedure private-corporation residency-program state-action state-actor technology Whether citizens should still be afforded protection under the 14th Amendment against state abuses committed when the State disguises itself as a priv…
18-7208 Nicholas Maslonka v. Noah Nagy, Warden Sixth Circuit 2019-01-02 Denied Response RequestedRelisted (2)IFP constructive-denial critical-stage cronic-standard cronic-v-united-states habeas-corpus right-to-counsel sixth-amendment state-action Is there a requirement that state action contribute to counsel's absence from a critical stage of the proceedings in order for there to be a construct…
18-745 Alan Overton v. Tennessee Department of Children's Services Tennessee 2018-12-11 Denied Response Waived civil-procedure constitutional-rights due-process family-law fundamental-rights parental-rights state-action strict-scrutiny substantive-due-process Does the court order and underlying state action which prohibits all contact between the father and his children violate substantive due process under…
18-6966 Tina L. Wagoner v. New York New York 2018-12-07 Denied IFP abuse-of-power civil-procedure civil-rights constitutional-rights due-process evidence-tampering judicial-misconduct pauperis-exclusion standing state-action state-actor-immunity state-actors Whether the pauperis public can find justice and relief from oppression when they do not have the Courts or the Constitution to protect them from corr…
18-6458 Eddie Williams, Jr. v. Tennessee Tennessee 2018-10-26 Denied IFP 14th-amendment 8th-amendment civil-procedure civil-rights cruel-and-unusual-punishment due-process free-speech standing state-action takings Whether the Tennessee Supreme Court erred in determining that the petitioner's claims under the Eighth and Fourteenth Amendments of the U.S. Constitut…
18-6410 Michael McKinzy v. Carletha Gaston (McKinzy) Missouri 2018-10-24 Denied Relisted (2)IFP 14th-amendment administrative-law civil-procedure civil-rights constitutional-rights due-process equal-protection legal-notice notice procedural-fairness service service-of-process state-action state-court Did Missouri (CSE) violate Father's United States Constitutional Rights to Due Process of Law and Equal Protection of Laws under the Fourteenth Amendm…
18-6365 Angel Bartlett v. Michigan, et al. Sixth Circuit 2018-10-17 Denied Response WaivedRelisted (2)IFP 18-usc-2332a 18-usc-2332h 18-usc-ch-13 42-usc-1983 4th-amendment 5th-amendment civil-rights due-process government-conspiracy state-action torture weapons-of-mass-destruction Is it wrongful or illegal to use weapons of mass destruction to radiate and torture Angel Bartlett?
18-5977 Syed K. Rafi v. Yale University School of Medicine, et al. Second Circuit 2018-09-17 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-restraints due-process fifth-amendment fourteenth-amendment spending-clause state-action state-actor If Government Requires or Induces A Private Party to Engage in Law Enforcement, All Relevant Constitutional Restraints Do Apply?
18-332 Kevin Singson v. Sean Reyes, Attorney General of Utah Utah 2018-09-14 Denied Response Waived administrative-procedure administrative-procedures civil-rights debt-collection due-process extraordinary-writ governmental-power sovereign-immunity standing state-action state-agency state-courts unfair-collection Whether the Utah State Supreme Court erred in affirming the Utah Court of Appeals in denying that a specific remedy exists for a citizen to challenge …
18-5927 J. A. v. New Jersey New Jersey 2018-09-10 Denied Response WaivedIFP attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action Did a search involve state action under the Fourth Amendment where police officers entered a home illegally, an officer there told an inquiring civili…
18-249 Madeleine Connor v. Eric Castro, et al. Fifth Circuit 2018-08-28 Denied Response Waived 42-usc-1983 civil-rights due-process federal-procedure free-speech government-retaliation lugar-v-edmondson rule-15-supplementation section-1983 standing state-action twombly-iqbal Whether the Court of Appeals erred in affirming the district court's denial of Petitioner's request to supplement her pleading under Fed. R. Civ. P. 1…
18-5613 Ladina Sykes v. Illinois Illinois 2018-08-16 Denied Response WaivedIFP civil-rights constitutional-law custody fourth-amendment law-enforcement police-conduct private-individual search-and-seizure state-action state-actors Whether on-duty police officers are state actors for Fourth Amendment purposes when they assist a private individual in searching a suspect in police …
18-139 Thomas E. Freeman, Jr. v. North Carolina Department of Health and Human Services North Carolina 2018-07-31 Denied Response WaivedRelisted (2) administrative-law administrative-procedure agency-authority arbitrary-and-capricious civil-rights due-process equal-justice equal-protection exceeded-authority judicial-review prejudiced-rights procedural-rights state-action state-agency state-employee May a court deny due-process of law and equal justice under the law of a State employee, when it is suspected that a State agency may have prejudiced …
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