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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


Pending

Questions presented

  1. 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.

  2. 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.

  3. 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
—

Case

Conference history
Distributed for 1 conference

Linked docket
26A516

Order
Order list, October 5, 2026

Proceedings

  1. Oct 06 2026
    Application (26A516) for an extension of time within which to comply with the order of October 5, 2026, submitted to Justice Kavanaugh.
  2. Oct 05 2026
    The 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.
  3. Jul 16 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. May 27 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)