Supreme Court of the United States · Official docket →
Elbony Weatherspoon v. City of Murfreesboro, Tennessee, et al.
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 25-5113 · judgment January 21, 2026
Questions presented
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Whether a court may dismiss a Fourteenth Amendment due-process claim at the pleading stage by characterizing allegations involving affirmative governmental conduct, reporting omissions, reliance, and escalating danger as mere inaction before discovery and factual development.
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Whether disputed questions concerning accrual, delayed discovery, and equitable tolling may properly be resolved during screening or pleading-stage review where the allegations involve evolving reporting disputes, continuing governmental communications, and later-discovered omissions in official records.
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Whether municipal-liability claims under 42 U.S.C. § 1983 involving alleged reporting omissions, policy-related conduct, and repeated law-enforcement encounters may be terminated before discovery where the plaintiff lacks access to internal governmental records, communications, and investigative materials necessary for factual development.
Counsel of record
For petitioner
Elbony Weatherspoon
For respondent
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Proceedings
- Oct 06 2026Application (26A516) for an extension of time within which to comply with the order of October 5, 2026, submitted to Justice Kavanaugh.
- Oct 05 2026The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 26, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
- Jul 16 2026DISTRIBUTED for Conference of 9/28/2026.
- May 27 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)