Supreme Court Report

Supreme Court of the United States · Official docket →

Jennifer Kilnapp v. Bailey Gannon

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 25-3149 · judgment February 18, 2026


7%
estimated cert probability
(petition-stage, structural)
95% interval 5%–11%
Rule 10: circuit split argued

About 1.8× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Sixth Circuit decision below.

Question presented

In panicked flight from a suspect who was neither chasing nor threatening him, Respondent Officer Bailey Gannon recklessly fired his gun without looking, let alone aiming. Instead of hitting the suspect, he shot his partner, Petitioner Officer Jennifer Kilnapp. Kilnapp sued under 42 U.S.C. § 1983, alleging that Gannon used excessive force. The Sixth Circuit held that Gannon was entitled to qualified immunity regardless of whether his conduct was objectively unreasonable. It reasoned that even if it was clearly established that the shooting was unreasonable, it was not “clearly established” at the time of the shooting that Kilnapp, as an unintended target, could file a Fourth Amendment claim against Gannon. The question presented is: Did the Court of Appeals err in granting qualified immunity based on facts that the officer could not have known at the time of the conduct and that related only to whether the eventual plaintiff could assert a specific cause of action, not whether the officer’s own conduct was objectively unreasonable?

Counsel of record

For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

For respondent
Elena Nickolaivena Boop
City of Cleveland Department of Law

Case

Conference history

Amicus briefs
2 cert-stage

Linked docket
25A1123

Proceedings

  1. Aug 13 2026
    Brief amicus curiae of Cato Institute filed.
  2. Aug 12 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2026.
  3. Aug 10 2026
    Motion to extend the time to file a response from August 13, 2026 to September 14, 2026, submitted to The Clerk.
  4. Aug 07 2026
    Brief amicus curiae of Law Enforcement Action Partnership filed.
  5. Jul 09 2026
    Petition for a writ of certiorari filed. (Response due August 13, 2026)
  6. Apr 14 2026
    Application (25A1123) granted by Justice Kavanaugh extending the time to file until July 9, 2026.
  7. Apr 07 2026
    Application (25A1123) to extend the time to file a petition for a writ of certiorari from June 7, 2026 to July 9, 2026, submitted to Justice Kavanaugh.