Supreme Court Report

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Kimberly Vaughn as Administrator of the Estate of Mohammad J. Isaifan, Deceased v. Jamie Rea, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 25-3537 · judgment May 4, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Sixth Circuit decision below, and down for a petition of 3,000 to 6,000 words.

Questions presented

In Barnes v. Felix, 605 U.S. 73 (2025), this Court held unanimously that the Fourth Amendment’s totality-ofthe-circumstances inquiry “has no time limit” and that courts may not wear “chronological blinders.” Without acknowledging Barnes, the Sixth Circuit affirmed summary judgment for two officers who killed Mohammad Isaifan with fourteen rounds, the majority of which entered from behind. The sole independent eyewitness testified that Isaifan was walking away from the officers during the shooting, his shoulder never turning back toward them, when the fatal rounds were fired. The court held that this testimony could not create a factual dispute because the witness began watching only after hearing the first shot, and that the officers’ account that Isaifan turned and drew a weapon was therefore treated as undisputed fact.

  1. Whether the Sixth Circuit’s rule, that eyewitness testimony to a fatal police shooting cannot create a genuine dispute when the witness did not also observe the moments preceding it, can be reconciled with Barnes’s command that the Fourth Amendment reasonableness inquiry “has no time limit.”

  2. Whether the Sixth Circuit’s holding that the officers’ account was “undisputed,” despite eyewitness testimony and forensic evidence to the contrary, is consistent with this Court’s holdings in Tolan v. Cotton, 572 U.S. 650 (2014) (per curiam), and Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent
Kirsten Leigh Smith
City of Akron, Ohio

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 09 2026
    Brief amici curiae of Communities United Against Police Brutality, et al. filed. (Distributed)
  3. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Aug 26 2026
    Waiver of right of respondent Jamie Rea, et al. to respond filed.
  5. Aug 14 2026
    Petition for a writ of certiorari filed. (Response due September 18, 2026)