No. 21-569October Term 2021Decided Dec 6, 2021Updated Dec 6, 2021
Tucker v. Shreveport
This case asks whether police officers who tackled, punched, and kicked Gregory Tucker during a traffic stop can avoid his excessive-force lawsuit on qualified-immunity grounds.
Case status
Decided · December 6, 2021
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Dec 6, 2021
- What it's about
This case asks whether police officers who tackled, punched, and kicked Gregory Tucker during a traffic stop can avoid his excessive-force lawsuit on qualified-immunity grounds. The dispute centers on whether the Fifth Circuit wrongly required Tucker to point to a prior case with nearly identical facts before treating the officers’ conduct as clearly unconstitutional.
Question presented
1. Whether the Fifth Circuit’s holding conflicts with Taylor v. Riojas, which held that officials responsible for violating an individual’s constitutional rights could have fair warning that their actions were unconstitutional, even if there is no precedent containing the same facts, and this Court’s decisions that have explicitly held that precedent need not be fundamentally similar or contain materially similar facts to give officers fair warning. 2. Whether police officers are entitled to qualified immunity so long as there is no prior caselaw declaring their actions unconstitutional in an identical fact pattern in the same circuit, as the Fifth and Eighth Circuit have held, or whether prior caselaw can clearly establish a constitutional violation despite some factual variation, as the First, Third, Fourth, Seventh, Ninth, Tenth, and Eleventh Circuits have held.
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released Dec 6, 2021
- Area
Decided Supreme Court case
Timing
Decided December 6, 2021
The Court released its decision on December 6, 2021 without hearing oral argument.
Documents
Activity
Docket activity2
Opinion added: Opinion
Dec 6, 2021 | Court records
Brief added: Petition
Oct 15, 2021 | Court records
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology