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, Individually and as Administrator of the Estate of Bobby Jo Klum, et al. v. City of Davenport, Iowa, et al. Eighth Circuit 2025-12-08 Denied 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 (8) 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 Question not identified.
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 Question not identified.
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 1. 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 as in …
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 This petition poses important, but unresolved, questions of federal law regarding whether the Fourth Amendment permits an officer to use force based o…
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 (18) bodily-pressure fourth-amendment law-enforcement qualified-immunity restraint use-of-force 1. Viewing the facts from the officers' perspective at the time, did the officers act reasonably under the Fourth Amendment by using bodyweight pressu…
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 After a crash filled 20-minute high-speed car chase— caught on video by police helicopter—Javier Ambler II died while resisting being handcuffed due …
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 Nearly four decades ago, this Court drew a constitutional line: law enforcement may not use deadly force against an unarmed, fleeing suspect who poses…
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 1. Did the Ninth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in d…
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 Question not identified.
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 a. Whether the Court should reexamine and overrule its precedent on qualified immunity in civil actions under 42 U.S.C. § 1983 (Appendix A at 6) in li…
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 During an emergency medical evacuation amidst a large, violent protest that had become a riot, a six-foot, two-hundred pound man assaulted an officer …
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 I. In this deadly force case, the Third Circuit removed altogether from its definition of the 'specific factual context' of this case the Autopsy Repo…
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 Question not identified.
24A166 Tidera Harris v. Gregory Harvey Eleventh Circuit 2024-08-12 Denied deadly-force excessive-force fourth-amendment law-enforcement qualified-immunity use-of-force Question not identified.
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 Does sitting with hands on steering wheel constitute the use of force that allows for officers to grab your neck and choke you in 2022, when the arres…
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 Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, at-tempted use, or threatened use of phy…
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 \AjaS %txt 6o&tCi**vV cvi^wce, Vo 'pehhov'ter ko^c-cbbor Czq^ctA by }vleuJ YorK Pencx,\ Unuj VW Xa>V v 35 \6 txYOO "po-Yif\onef l5 -£outore Vo feVfe«&…
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 the context of Fourth Amendment claims alleging excessive force, the determination of a police officer's entitlement to qualified immunity in summa…
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 This is a Section 1983 case, based on Eighth Amendment violations stemming from the DeKalb County, Georgia Sheriff's Office's custom and policy of per…
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 In Tennessee v. Garner, 471 U.S. 1 (1985), this Court held that unarmed, nondangerous suspects fleeing officers can't simply be shot. But the decision…
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 court of Appeals for the Sixth Circuit review the full merits of the Videotape? Did the united states Court of appeals error When it f…
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 A) Whether the jury used unreasonable facts to prove a premeditated design. Where there was sufficient [provocation] to find Petitioner not guilty. B…
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 Question not identified.
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 because it used cases: (1) decided afte…
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 1. Whether the Court should reverse or recalibrate the doctrine of qualified immunity. 2. Whether the Tenth Circuit correctly decided that the office…
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 Question: Does involuntary exposure to any non-medically necessary medication, steroid, chemical cleaning compound, schedule II drugs, toxin or any un…
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 I. Whether circuit court precedent can clearly establish the law for the purpose of qualified immunity analysis, and, if so, under what circumstances …
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 This case presents a unique question of law under 42 U.S.C. §1983 concerning the application of the "totality of the circumstances" test adopted in Gr…
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, 18 U.S.C. § 2113(a), and attempted armed bank robbery, 18 U.S.C. § 2113(d), are "crimes of violence" as defined in 18 …
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 Question not identified.
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 Question not identified.
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 I. 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 c…
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 Rather than submit to arrest pursuant to multiple lawfully issued arrest warrants, a suspect who was pulled over for a traffic violation refused to ex…
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 1. 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 r…
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 1) Whether Third Cicuit Court of Appeals Erred Affirming Gilbert-Brown was seize when Officer Engle approach Gilber.t-Brown as he attempted to go aro…
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 No dispute exists that Petitioner was intoxicated when Respondent assaulted him, but the police tried to stop Petitioner for a broken taillight. Petit…
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 1. Whether the Fourth Circuit erred, in conflict with decisions of other circuits, in holding that for purposes of applying the categorical approach t…
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, 471 U.S. 1…
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 A law enforcement officer's use of deadly force in self-defense is not constitutionally unreasonable. Courts throughout the nation universally agree t…
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 After initially fleeing from police who suspected him of speeding, petitioner encountered a roadblock, pulled his car over, exited, and lay face down …
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 1. Did the Ninth Circuit's panel decision denying qualified immunity contravene this Court's mandate that courts should not hold officers to a standar…
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 1. Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard's position would not have perceived a danger that justifie…
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 The Armed Career Criminal Act provides an enhanced penalty for felons in possession of a firearm with three prior qualifying convictions, including fo…
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 1. When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the "clearly established law" prong of a qualified i…
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 Where a law enforcement officer trespasses into a resident's home by shoving his foot into the doorway through the threshold of the home, does the Fou…
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 (not merely from judgment) where his/her split-second decision to deploy let…
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 1. As a matter of first impression, does the Fourth Amendment prevent law enforcement officers from deploying a Taser to safely arrest a suspect who v…
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 1. Does the Fourth Amendment entitle police to seize all speeding motorists by shooting them, regardless of the circumstances and independently of any…
21-1128 John Turnure v. Latrent Redrick Sixth Circuit 2022-02-15 Denied Response Waived civil-rights due-process excessive-force qualified-immunity scott-v-harris sixth-circuit summary-judgment use-of-force I. Did the Sixth Circuit contravene Scott v. Harris, 550 U.S. 372 (2007) by ignoring record admissions, videos, and photographs to credit to Redrick w…
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 1. Whether the Discretionary Function Rule within the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(5)(A)—which preserves foreign sovereign im…
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 1. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law w…
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 The question presented is whether an attempted bank robbery under 18 U.S.C. § 2113, which may be completed even if it is abandoned before anyone knows…
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 1. When a law enforcement officer reasonably deploys a police K9 to restrain a fleeing suspect known to have a history of violent crime and believed t…
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 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his trial …
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 Under Scott and Tolan , must courts implement the traditional summary judgment requirement that all evidence be considered in the light most favorable…
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 1. Does the ruling in this case by the U.S. Court of Appeals for the Sixth Circuit violate basic fundamental principles of Rule 56 of the Federal Rule…
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 1. "WHETHER THE RESPONDENT, M. RODRIGUEZ, ET AL., EXCESSIVELY USE OF DEADLY FORCE IN USING A TASER GAS SPRAY VIOLATED PETITIONER'S RIGHTS UNDER THE (I…
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 1. Whether use of force that is reasonable at the moment it is employed can nonetheless violate the Fourth Amendment if the officers recklessly or del…
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 1. Should police brutality be constitutionally protected? 2. Do regulations ordering police to de-escalate confrontations instill an affirmative duty…
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 1. Whether simple robbery under Texas Penal Code § 29.02 remains a "violent felony" without the Armed Career Criminal Act's unconstitutional residual …
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 Question not identified.
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 this Court should clarify the application of the Graham factors to a law enforcement officer's use of force during a call for service that doe…
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 1. 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…
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 I. 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 …
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 if she shoots a fleeing suspect in the back without warning after watching another officer search the sus…
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 (A) WHETHER THE DISTRICT COURT COMMITTED A PROCEDURAL ERROR WHEN IT EXCLUDED EVIDENCE THAT PETITIONER WAS SHOT 11 TIMES, AND AS HE WAS TRYING TO EVADE…
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 1. Whether an accelerating fleeing driver's sudden turn deprives a threatened shooting officer of qualified immunity? 2. Whether an unintended victim…
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 1. 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 s…
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 1. Does the Fourth Amendment authorize a police officer to use deadly force against a citizen exercising her Second Amendment right to wear a holstere…
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 who weighed 75 pounds and was 4 fee…
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 1. Viewing the facts from the officers' perspective at the time of the incident, did they act reasonably, under the Fourth Amendment, when an officer …
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 1. Whether the Fifth Circuit erred by overlooking precedent in determining whether an officer enjoys qualified immunity after applying deadly excessiv…
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 (1) Under the particular facts and circumstances of this case, did the Ninth Circuit err in finding that Massie's actions constitute an excessive use …
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 Can reckless conduct constitute a "crime of violence" by satisfying the "use of force" clause in the U.S. Sentencing Guidelines Manual's definition of…
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, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in den…
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 1. Whether the General District and Circuit Courts of Suffolk ignored the defendant's right to Qualified Immunity as set forth in Hudson v. McMillian …
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 Would reasonable jurists debate whether the evidence of robbery was legally sufficient when the only evidence that Mr. Niehouse's threatened use of fo…
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 Shortly before midnight on April 29, 2015, a bookstore clerk saw Fridoon Rawshan Nehad in an alley. Nehad, who was incoherent, pulled a knife out of h…
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 This case involves the use of excessive force by a police officer that was determined by a jury to be "objectively unreasonable" but nonetheless resul…
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 I. Whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a "crime of violence," in this case, the federal bank robbery statute…
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 1. 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 …
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 1. Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly esta…
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 Given this Court's holding in Carter v. United States, 530 U.S. 255, 268 (2000), that bank robbery by intimidation is less culpable than a specific in…
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 when: a. the officer's testimony about being shot a…
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 The question presented is whether, as the court of appeals in this case held, a state-law offense qualifies as a "crime of violence" for purposes of t…
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 I. If the barrel of a gun is not yet pointed directly at an officer, does clearly established federal law prohibit police officers from firing to stop…
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 1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or whether it is a pleading requir…
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 While conducting a house-to-house search for a suspect who had threatened people in a bar with a shotgun after being thrown out of that bar for fighti…
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 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…
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 1. Police officers are entitled to qualified immunity unless they violate constitutional rights in factual situations squarely governed by controlling…
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 1. Whether in Scott U. Harris, 550 U.S. 372 (2007) this Court announced an "exception" to the summary judgment standard in cases commenced under 42 U.…
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 A "seizure" occurs under the Fourth Amendment when, under the totality of the circumstances, "a reasonable person would believe he was not free to dec…
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, __U.S.__, 136 S.Ct. 2272 (2016), that recklessness is consistent with the "use of physical f…
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 1. Did the Eighth Circuit depart from this Court's decision in Kisela v. Hughes, U.S. , 138 S. Ct. 1148 (2018) (per curiam) and numerous other cases b…
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 1. 'Olb'THE COURTS, "Tb fe'DE ' ft 9^)ec\Ficl OS^-DF-'C )'=k'vx-^' FftRCe: -ceirsw^ncO X^stb'Actic^ lower Ttt^ l5u£D£b or orocF TOR "YHE STf^S /Fb \…
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 1. 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 …
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 1. Whether the U.S. Court of Appeals for the Ninth Circuit correctly held that Petitioner does not have qualified immunity on the ground that "[t]he l…
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), which may be committed by unintentionally intimidating a victim or by presenting a teller with a demand note,…
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 Andrew Layton died after Respondents, six on duty police officers working as a team, kept him in maximum restraints on his stomach for thirty minutes …
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 a fist be considered a deadly weapon in and of itself? Is it considered proper procedure for the Court to add dialogue not supported by th…
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 shooti…
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 1. Whether the Law of the Case Doctrine is an issue in this case since two Judges have made rulings concerning the Constitutional Rights of the Pet…
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 1. Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly …
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 A. Whether use of handcuffs is permissible during a mere investigative detention, or "Terry stop," where there is a risk to officer safety. B. Whethe…
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 I. Whether the Court of Appeals erred in finding that the state-created danger doctrine is not clearly established law and in failing to apply it, whe…
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 1. Whether the Ninth Circuit disregarded this Court's clear directives on remand and whether, in a 42 U.S.C. § 1983 action, a plaintiff's injuries res…
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 1. Whether the Ninth Circuit erred in denying the officers qualified immunity by defining clearly established law at too high a level of generality ra…
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 1. Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally …
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 1. 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 1. Does Illinois robbery categorically require the use of force and thereby qualify as a violent felony under the Armed Career Criminal Act? 2. The S…
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 1) Does the Florida Robbery 812.13 "meet use of force" as defined in Johnson v. United States U.S. (2010)? Petitioner requests a GVR in light of Stoke…
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 this Court's decisions in Tennessee v. Garner,…
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 The Armed Career Criminal Act treats as a violent felony felonies that require the use of force. In Illinois, as in many states and as for many federa…
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 (1) Whether under a qualified immunity analysis there existed clearly established precedent that taking down Weddle when he had surrendered, posed no …
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 1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the und…
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 Police officers were attempting to transfer a detainee to a padded cell where he could be appropriately monitored after he repeatedly obstructed the v…
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 reasonable jurists could debate whether the Florida offense of attempted armed robbery, Fla. Stat. § 812.13, categorically requires the use of…