use-of-force

143 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 Question not identified.
25-660 Nicole Klum, Estate of Bobby Jo Klum, et al. v. City of Davenport, Iowa, et al. Eighth Circuit 2025-12-08 Pending constitutional-rights deadly-force fourth-amendment police-action second-amendment use-of-force The decision below contravenes the Second Amendment right to "keep and bear arms," and the Fourth Amendment prohibition "against unreasonable searches…
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 …
25-493 M. Patricia Cantu, et vir v. Austin Police Department, et al. Fifth Circuit 2025-10-22 Denied Response Waived americans-with-disabilities-act fourth-amendment law-enforcement mental-health reasonable-accommodations use-of-force 1. Whether Title II of the Americans with Disabilities Act is violated when law enforcement officers fail to provide reasonable accommodations to a su…
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 …
25-186 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 1. In the Fourth Amendment reasonableness of a seizure context, whether a law enforcement officer's intended level of force is relevant to determining…
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…
24A1238 M. Patricia Cantu, et vir v. Austin Police Department, et al. Fifth Circuit 2025-06-13 Presumed Complete americans-with-disabilities-act discrimination law-enforcement mental-health-crisis reasonable-accommodation use-of-force Whether the use of force by law enforcement against individuals experiencing mental health crises violates the Americans with Disabilities Act's prote…
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…
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 …
24-1051 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…
24-919 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…
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
24-616 Officer Benjamin M. Bauer v. Ethan Daniel Marks Eighth Circuit 2024-12-05 GVR Amici (3)Response RequestedResponse WaivedRelisted (3) fourth-amendment law-enforcement medical-evacuation protest seizure use-of-force Whether the use of a less-lethal projectile during a violent protest to repel an attacker and protect officers and civilians constitutes a Fourth Amen…
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…
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
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…
24-5243 Ryan Taybron, Eric Nixon, and Geovanni Douglas v. United States Fourth Circuit 2024-08-06 Denied Relisted (2)IFP 18-usc-924c3a bodily-injury circuit-split criminal-statute delligatti-v-united-states omission omission-crime physical-force use-of-force Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us…
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.
24-5036 Dalvon Curry, aka Dale, aka Dalo v. United States Second Circuit 2024-07-10 Denied Response WaivedIFP civil-rights combat-speech constitutional-protections deadly-force deadly-physical-force excessive-force law-enforcement penal-law retreat-duty self-defense use-of-force Question not identified
24-5040 Juan Alberto Ortiz-Orellana v. United States Fourth Circuit 2024-07-10 Denied Relisted (2)IFP attempted use but can be committed by accidental means or by fa has as an element the use or threatened use of physical force bodily-injury crime-of-violence felony-murder force-clause mens-rea modified-categorical-approach physical-force premeditated-murder use-of-force Whether a crime that requires proof of bodily injury or death, but can be committed by accidental means or by failing to take action, has as an elemen…
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…
24-5013 Jonathan Feliz v. United States Second Circuit 2024-07-08 Denied Relisted (2)IFP actus-reus bodily-injury criminal-law criminal-statute elements-clause mens-rea omission physical-force use-of-force violent-crime Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us…
23-1302 Kevin Hardaway v. Dwight Hamilton, et al. Eleventh Circuit 2024-06-13 Denied 42-usc-1983 eighth-amendment eighth-amendment-rights eleventh-amendment-immunity monell-claim monell-v-department-of-social-services official-capacity section-1983 use-of-force Whether existing Eleventh Circuit precedent of Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003), holding that a Georgia sheriff is an 'arm of the state'…
23-1257 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
23-7552 Jermeal White v. Ronald Erdos, Warden, et al. Sixth Circuit 2024-05-23 Denied Response WaivedIFP appeals civil-rights court-of-appeals district-court due-process evidence-review legal-procedure scotus-review summary-judgment use-of-force Did the United States Court of Appeals for the Sixth Circuit err in reviewing the full facts of the videotape and the use of force report by the commi…
23-7257 Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-04-18 Denied IFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony Whether the jury used unreasonable facts to prove a premeditated design
23A863 Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, et al. Fifth Circuit 2024-03-26 Presumed Complete deadly-force fourth-amendment graham-standard reasonableness-test traffic-stop use-of-force Whether the Fifth Circuit's narrow standard for evaluating the reasonableness of an officer's use of deadly force under the Fourth Amendment impermiss…
23-825 Salvatore Delligatti v. United States Second Circuit 2024-01-31 Judgment Issued Amici (5)Relisted (2) bodily-injury circuit-split crime-of-violence criminal-law inaction statutory-interpretation use-of-force Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted us…
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
23-611 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
23-442 Anthony Prescott v. K. Johnson, et al. Fifth Circuit 2023-10-27 Denied 42-usc-1983 4th-amendment conspiracy cruel-and-unusual-punishment food-contamination food-service fourth-amendment intentional-tort official-capacity-claim prisoner-rights public-entity use-of-force Does involuntary exposure to non-medical substances constitute unreasonable force?
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…
23-410 Estate of Gabriel Strickland, et al. v. Nevada County, California, et al. Ninth Circuit 2023-10-19 Denied 42-usc-1983 civil-rights deadly-force graham-factors graham-v-connor objective-reasonableness section-1983 totality-of-circumstances totality-of-the-circumstances use-of-force Whether the reasonableness of an officer's use of deadly force should be evaluated solely upon the circumstances of the final moment or upon the 'tota…
23-5640 Blake Taylor v. United States Fifth Circuit 2023-09-22 Denied Response WaivedIFP 18-usc-2113(a) 18-usc-2113(d) 18-usc-924(c)(3)(A) attempted-armed-bank-robbery attempted-bank-robbery attempted-crime bank-robbery criminal-law force-requirement sentencing-enhancement statutory-interpretation use-of-force Whether attempted bank robbery and attempted armed bank robbery are 'crimes of violence'
23-5230 Steven Poppo v. Illinois Illinois 2023-07-28 Denied IFP assistance-of-counsel attempted-robbery constitutional-rights criminal-intent deadly-force due-process equal-protection fair-trial homicide self-defense use-of-force Whether the petitioner's constitutional rights to a fair trial, due process, and assistance of counsel were violated
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…
22-7760 Todji Kijuan Martin v. United States Sixth Circuit 2023-06-12 Denied Response WaivedIFP attempt-crime attempt-crimes criminal-interpretation criminal-law force-definition statutory-construction statutory-interpretation substantive-crime supreme-court-precedent united-states-v-taylor use-of-force Whether this Court's 2022 opinion in United States v. Taylor is applicable to all attempt crimes particularly when the crime in question may be commit…
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…
22-7502 Anthony Gilbert-Brown v. United States Third Circuit 2023-05-09 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment police-conduct seizure sentencing-guidelines standing supreme-court-review use-of-force Whether Third Circuit Court of Appeals erred in affirming Gilbert-Brown was seized
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…
22-946 Martin Jay Manley v. United States Fourth Circuit 2023-03-29 Denied Response Waived borden categorical-approach circuit-split divisibility extreme-recklessness fourth-circuit mathis use-of-force vicar-statute violent-crimes-in-aid-of-racketeering Whether the Fourth Circuit erred in holding that the Violent Crimes in Aid of Racketeering (VICAR) statute is divisible
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
22-563 Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. Eleventh Circuit 2022-12-20 Denied Response Waived deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force Whether a jury should be instructed on the core principle that a law enforcement officer's use of deadly force in self-defense is not constitutionally…
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
22-223 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…
22-8 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…
21-8195 Arthur Lee Robinson v. United States Seventh Circuit 2022-06-22 Denied Response WaivedIFP armed-career-criminal-act borden-v-united-states criminal-sentencing firearm-discharge illinois-law mens-rea statutory-interpretation use-of-force violent-felony Whether the Illinois offense of aggravated discharge of a firearm qualifies as a violent felony under the Armed Career Criminal Act after Borden v. Un…
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…
21-8115 Latoya Nicole Carter v. Virginia Virginia 2022-06-10 Denied Response WaivedIFP civil-rights constitutional-rights fourth-amendment home-entry law-enforcement search-and-seizure trespass unlawful-arrest use-of-force Whether the Fourth Amendment forbids a law enforcement officer from trespassing into a resident's home by shoving his foot into the doorway through th…
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
21-1204 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…
21-1125 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…
21-1013 Republic of Turkey v. Lusik Usoyan, et al. District of Columbia 2022-01-18 Denied CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) burden-of-proof discretionary-function-rule foreign-sovereign-immunities foreign-sovereign-immunities-act policy-analysis policy-prong presidential-protection presidential-security-detail state-visit-security use-of-force Whether the Discretionary Function Rule within the Foreign Sovereign Immunities Act applies to claims based upon a presidential security detail's use …
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
21-6278 Joseph Fenelon Cooper v. United States Eleventh Circuit 2021-11-15 GVR Relisted (2)IFP attempted-robbery bank-robbery categorical-approach clean-vehicle crime-of-violence federal-criminal-law rule-of-lenity statutory-interpretation use-of-force Whether an attempted bank robbery under 18 U.S.C. § 2113 falls outside the definition of a 'crime of violence' under 18 U.S.C. Section 924(c)(8)(A)
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
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c)
21-492 Edeline Julmisse Prosper, as Personal Representative of the Estate of Junior Prosper v. Anthony Martin Eleventh Circuit 2021-10-04 Denied Response Waived civil-rights excessive-force scott-v-harris section-1983 summary-judgment tolan-v-cotton use-of-force video-evidence Whether courts must implement the traditional summary judgment requirement to consider all evidence in the light most favorable to the nonmovant when …
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?
20-8315 Joel Barcelona v. M. Escotto Rodriguez, et al. Eleventh Circuit 2021-06-16 Denied IFP civil-rights constitutional-rights deadly-gas due-process excessive-force fourth-amendment law-enforcement mental-health petitioner use-of-force Whether the respondents, M. Rodriguez, et al., used excessive force by using a deadly gas spray to deter petitioner, which violated petitioner's const…
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
20-1609 David R. Seaton v. Blake Johnson, et al. District of Columbia 2021-05-19 Denied Response Waived constitutional-rights de-escalation electronic-evidence evidence-standards police-brutality pro-se-litigants pro-se-litigation recent-rulings summary-judgment use-of-force Question not identified
20-7984 Eddie Lamont Lipscomb v. United States Fifth Circuit 2021-05-11 GVR IFP armed-career-criminal-act circuit-split civil-rights due-process physical-contact physical-force robbery texas-penal-code use-of-force violent-felony Whether Texas simple robbery remains a violent felony
20-7855 James Ayers v. United States Sixth Circuit 2021-04-27 GVR IFP armed-career-criminal-act criminal-law criminal-statute mens-rea recklessness sentencing statutory-interpretation use-of-force Does the 'use of force' clause in the Armed Career Criminal Act (the ACCA) 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of recklessnes…
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
20-1461 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…
20-7790 Rolando Villarreal v. United States Fifth Circuit 2021-04-16 GVR IFP assault-statute criminal-law force-against-person mens-rea reckless-mental-state sentencing statutory-interpretation use-of-force violent-felony Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
20-7778 Gerald Scott v. United States Second Circuit 2021-04-15 Denied Amici (1)IFP circuit-split criminal-law criminal-statute federal-sentencing physical-force physical-inaction rule-of-lenity statutory-interpretation use-of-force Does a crime of physical inaction, in which the inaction is deemed the cause of injury or death, have as an element the 'use of physical force against…
20-7609 Raynal King and Howard R. Ross, III v. United States Eighth Circuit 2021-03-31 GVR Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c3a criminal-law criminal-statute elements-clause force-clause mens-rea physical-force statutory-interpretation use-of-force Whether a crime that requires a resulting death categorically includes, as an element, 'the use, attempted use, or threatened use of physical force ag…
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?
20-7447 Elijah Hasan Jones v. United States Eleventh Circuit 2021-03-15 Denied IFP armed-career-criminal-act criminal-law criminal-statute mens-rea recklessness sentencing-enhancement statutory-interpretation use-of-force use-of-force-clause Whether the 'use of force' clause in the Armed Career Criminal Act (the 'ACCA'), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of reckl…
20-7171 Luis Javier Correa-Figueroa, aka Barney, aka Gordo v. United States First Circuit 2021-02-17 Denied Response WaivedIFP criminal-intent criminal-procedure district-court-ruling evidence evidence-exclusion federal-property intent motion-for-acquittal procedural-error self-defense use-of-force Whether the district court committed a procedural error in excluding evidence
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
20-997 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…
20-840 Kenneth Knowles v. Officer Jason Michael Hart Eleventh Circuit 2020-12-22 Denied 2nd-amendment 4th-amendment civil-rights deadly-force due-process fourth-amendment police-entry second-amendment self-defense standing use-of-force Does the Fourth Amendment authorize the use of deadly force against a citizen exercising her Second Amendment right to wear a holstered, licensed hand…
20-6552 Ignacio Arreola-Mendoza v. United States Fifth Circuit 2020-12-08 GVR Relisted (2)IFP circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
20-6541 Alejandro Pineda-Campuzano v. United States Fifth Circuit 2020-12-07 GVR Relisted (2)IFP circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
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?
20-585 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…
20-6130 Desmond Howard Greer v. United States Fifth Circuit 2020-10-26 GVR Relisted (2)IFP criminal-law criminal-offense elements-of-crime force legal-interpretation mens-rea personal-injury reckless-injury recklessness sentencing use-of-force violent-crime Whether an offense has as an element the use of force against the person of another if it may be committed by recklessly inflicting injury?
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…
20-202 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
20-5434 Treshun Devonte Bates v. United States Fifth Circuit 2020-08-20 GVR Relisted (2)IFP borden-case borden-v-united-states crime-of-violence grant-vacate-remand reckless-conduct sentencing-guidelines supreme-court use-of-force Whether reckless conduct can constitute a 'crime of violence' under the U.S. Sentencing Guidelines
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…
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
19-8466 Branch William Niehouse v. Brigitte Amsberry Ninth Circuit 2020-05-14 Denied Response WaivedIFP criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force Whether the evidence of robbery was legally sufficient when the only evidence of threatened use of force was speculation about sunglasses that may hav…
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…
19-1099 City of Bakersfield, California, et al. v. Leslie Laray Crawford Ninth Circuit 2020-03-09 Denied Response RequestedRelisted (2) 4th-amendment civil-rights due-process excessive-force fourth-amendment mental-illness negligence objective-reasonableness police-procedure prior-knowledge reasonable-officer use-of-force Did the Ninth Circuit err when it held that evidence of prior incidents which indicate that an individual may be mentally ill could be introduced for …
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
19-7732 Jerad Hanks v. United States Eleventh Circuit 2020-02-21 Denied Response WaivedRelisted (4)IFP bank-robbery circuit-court-conflict circuit-court-split constitutional-interpretation crime-of-violence criminal-law criminal-statute due-process elements-clause federal-bank-robbery federal-statutes firearm-use rule-of-lenity use-of-force vagueness-doctrine Whether 18 U.S.C. § 924(c)(1) is unconstitutionally vague
19-7637 Pedro Anthony Romero Cruz v. United States Fourth Circuit 2020-02-11 Denied Response RequestedResponse WaivedRelisted (2)IFP which can be committed through mere omission 18-usc-924(c)(3)(a) attempted-murder circuit-split civil-rights crime-of-violence criminal-law due-process federal-criminal-statute omission-liability statutory-interpretation use-of-force virginia-law Whether 18 U.S.C. § 924(c)(3)(A)'s definition of a 'crime of violence,' under which an offense must have 'as an element the use, attempted use, or thr…
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…
19-7067 Michael Baird Jordan v. United States Ninth Circuit 2019-12-27 Denied Response RequestedResponse WaivedRelisted (3)IFP 18-usc-924(c)(3)(a) armed-bank-robbery bank-robbery categorical-approach crime-of-violence elements-clause general-intent intent intimidation physical-force specific-intent statutory-interpretation use-of-force Whether federal armed bank robbery by intimidation is a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A)
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
19-7042 Christian Rosado v. United States Third Circuit 2019-12-20 Denied Response WaivedIFP career-offender crime-of-violence criminal-law federal-law guidelines judicial-interpretation judicial-opinions sentencing sentencing-enhancement sentencing-guidelines state-law state-law-offense statutory-interpretation use-of-force Whether a state-law offense qualifies as a 'crime of violence' for purposes of the career-offender enhancement of the U.S. Sentencing Guidelines even …
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…
19-6908 Margarito Olvera-Martinez v. United States Fifth Circuit 2019-12-11 GVR Relisted (2)IFP circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation supreme-court use-of-force Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
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
19-682 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…
19-657 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
19-614 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
19-609 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…
19-466 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…
19-6025 Javier Segovia-Lopez v. United States Fifth Circuit 2019-09-24 GVR Relisted (3)IFP circuit-split criminal-law criminal-statute due-process federal-sentencing force force-against-person immigration-law mens-rea mental-state reckless-conduct reckless-mental-state recklessness statutory-interpretation use-of-force Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
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
19-5777 Donielle Rashi Ross v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP criminal-law domestic-violence legal-precedent mens-rea misdemeanor-crime physical-force recklessness recklessness-standard second-amendment statutory-interpretation supreme-court supreme-court-interpretation use-of-force voisine-v-united-states Whether this Court's holding in Voisine v. United States extends beyond the definition of 'misdemeanor crime of violence'
19-5763 Jose Lara-Garcia v. United States Fifth Circuit 2019-08-30 GVR Relisted (4)IFP circuit-split criminal-law federal-law federal-sentencing immigration immigration-law mens-rea reckless-mental-state recklessness sentencing statutory-interpretation use-of-force Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men…
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 …
19-5605 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'…
19-222 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?
19-5410 Charles Borden, Jr. v. United States Sixth Circuit 2019-07-31 Judgment Issued Amici (7)Relisted (4)IFP armed-career-criminal-act due-process mens-rea recklessness retroactivity sentencing sentencing-guidelines statutory-interpretation use-of-force Does the 'use of force' clause in the Armed Career Criminal Act (the 'ACCA'), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere rec…
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
19-5070 Carlos Lamar Mitchell v. United States Eleventh Circuit 2019-07-03 Denied Response WaivedIFP 18-usc-2113 18-usc-924c3a bank-robbery bank-robbery-18-usc-2113 criminal-law criminal-statute demand-note intimidation physical-force physical-force-18-usc-924c3a sentencing-enhancement statutory-interpretation use-of-force Whether bank robbery (18 U.S.C. § 2113) has as an element 'the use...of physical force against the person or property of another,' under 18 U.S.C. § 9…
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…
18-9350 Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-20 Denied IFP assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force Can a fist be considered a deadly weapon in and of itself?
18-9032 Michael Slager v. United States Fourth Circuit 2019-04-30 Denied Response WaivedIFP civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here—Officer Michael Slager's shootin…
18-1286 Brian D. Baur v. Pennsylvania Pennsylvania 2019-04-10 Denied Response Waived castle-doctrine chain-of-custody civil-procedure civil-rights constitutional-rights due-process evidence-preservation ineffective-counsel law-of-the-case prosecutorial-misconduct reassignment sentencing standing use-of-force Whether the Law of the Case Doctrine is an issue in this case
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…
18-7882 Christopher M. Gates v. United States Ninth Circuit 2019-02-11 Denied Response WaivedIFP 4th-amendment civil-rights due-process fourth-amendment handcuffs investigative-detention officer-safety reasonable-suspicion terry-stop use-of-force Whether use of handcuffs is permissible during a mere investigative detention, or 'Terry stop,' where there is a risk to officer safety
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
18-746 County of Los Angeles, California, et al. v. Angel Mendez, et al. Ninth Circuit 2018-12-12 Denied 42-usc-1983 4th-amendment causation circuit-review civil-rights clearly-erroneous fourth-amendment intervening-event proximate-causation proximate-cause reasonable-force remand search-warrant section-1983 standard-of-review use-of-force warrantless-search Whether a plaintiff's injuries resulting from a police officer's use of force may be proximately caused by the officer's failure to secure a search wa…
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
18-672 City of Newport Beach, California, et al. v. Richard Vos, et al. Ninth Circuit 2018-11-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) ada-title-ii americans-with-disabilities-act fourth-amendment law-enforcement mental-illness totality-of-the-circumstances use-of-force Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally ill…
18-6612 James Pinkney v. United States Seventh Circuit 2018-11-08 GVR IFP 18-usc-924 18-usc-924e2bi armed-career-criminal-act categorical-approach force illinois-robbery-statute statutory-interpretation stokeling-v-united-states use-of-force violent-felony Whether the Illinois robbery statute categorically requires the use of force called for by this Court so as to qualify as a 'violent felony' under the…
18-6369 Lashon Browning v. United States Seventh Circuit 2018-10-17 GVR Relisted (3)IFP armed-career-criminal-act categorical-approach certiorari circuit-split illinois-robbery statutory-interpretation stokeling-v-united-states use-of-force violent-felony Does Illinois robbery categorically require the use of force and thereby qualify as a violent felony under the Armed Career Criminal Act?
18-6177 Tony Lipscomb v. United States Seventh Circuit 2018-10-02 GVR Relisted (4)IFP armed-career-criminal-act circuit-split illinois-robbery stokeling-v-united-states use-of-force violent-felony Does Illinois robbery categorically require the use of force and thereby qualify as a violent felony under the Armed Career Criminal Act?
18-6104 Wayne Thomas, Jr. v. United States Eleventh Circuit 2018-09-26 Denied Response WaivedIFP criminal-law federal-jurisdiction johnson-standard johnson-v-united-states robbery-statute sentencing sentencing-enhancement statutory-interpretation stokeling-v-united-states supreme-court supreme-court-review use-of-force violent-crime Does the Florida Robbery 812.13 meet use of force' as defined in Johnson -v. United States U.S. __ (2010)?
18-323 Suzan Evans, Individually and as Wife and Next of Kin of Scott Evans, Deceased v. United States, et al. Sixth Circuit 2018-09-12 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-law excessive-force fourth-amendment graham-v-connor police-conduct reasonableness-standard tennessee-v-garner totality-of-circumstances use-of-force Whether the totality of the circumstances test for assessing the reasonableness of a use of force under Tennessee v. Garner and Graham v. Connor requi…
18-5915 Michael Hill v. United States Seventh Circuit 2018-09-07 Denied Response WaivedIFP armed-career-criminal-act attempt categorical-approach illinois intent statutory-interpretation substantial-step use-of-force violent-felony Whether attempt to commit a violent felony is itself a violent felony
18-5890 Mark D. Whitfield v. United States Fifth Circuit 2018-09-06 Denied Response WaivedIFP appellate-review certificate-of-appealability circuit-split criminal-law force hobbs-act property robbery statutory-interpretation supreme-court use-of-force violent-crime Whether jurists of reason could debate whether robbery under the Hobbs Act possesses the use, attempted use, or threatened use of force against the pe…
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…
18-110 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
18-46 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 …
18-5008 Autrey Canadate v. United States Eleventh Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act armed-robbery attempted-armed-robbery attempted-robbery certificate-of-appealability curtis-johnson-v-united-states due-process elements-clause florida-criminal-law use-of-force violent-felony violent-force Whether the Florida offense of attempted armed robbery categorically requires the use of 'violent force' to qualify as a 'violent felony' under the Ar…