Federal Circuit Courts of Appeals

The United States has 13 federal circuit courts of appeals. These are the courts that review decisions made by federal trial courts (called district courts). If you lose a motion or your case at trial, the circuit court is where you appeal.

But circuit courts do something even more important for your § 1983 case: they create the law that controls in your state.

The 13 Circuits

The Federal Circuit is different from the others — it handles specialized subject matter nationwide rather than cases from a geographic region. You’re unlikely to encounter it in a § 1983 case.

How Circuits Help You

Favorable precedent in your circuit is your best weapon. When a circuit court has already ruled that certain police conduct violates the Constitution, every district court in that circuit must follow that ruling. The defendant can’t just disagree with it — the law is settled.

This matters most for qualified immunity. To defeat QI, you typically need to show the right was “clearly established” at the time of the violation. Your circuit’s prior decisions are the primary source for establishing that. If the Fifth Circuit has already said “you can’t tase a compliant suspect during a traffic stop,” then an officer in Texas, Louisiana, or Mississippi is on notice — and can’t claim they didn’t know.

Some circuits are more favorable to plaintiffs than others. The Ninth Circuit (West Coast) and Fourth Circuit have historically been more receptive to civil rights claims. The Fifth Circuit and Eleventh Circuit have historically granted qualified immunity more often. This doesn’t mean you can’t win in a tough circuit — it means you need to know your circuit’s tendencies and plan accordingly.

How Circuits Hurt You

A bad ruling in your circuit is hard to overcome. If your circuit has said certain conduct doesn’t violate the Constitution, or that a right wasn’t “clearly established,” your district court judge is bound by that decision. You can argue the ruling was wrong, but the judge can’t ignore it.

Circuit splits can work against you. If the Ninth Circuit says one thing and your circuit (say, the Fifth) says the opposite, you’re stuck with your circuit’s rule — even if the other circuit’s reasoning is better. The only way to resolve a circuit split is for the Supreme Court to take the case, and that rarely happens.

Qualified immunity is circuit-specific. A right can be “clearly established” in one circuit but not another. Police in the Fourth Circuit might be on notice that certain conduct is unconstitutional, while officers doing the exact same thing in the Eighth Circuit might get qualified immunity because that circuit hasn’t addressed the question yet. This is one of the most criticized aspects of the qualified immunity doctrine.

What Happens at the Circuit Level

When your case goes to the circuit court on appeal, here’s what to expect:

1. Three-judge panel — Most cases are heard by a randomly assigned panel of three judges. You don’t get to pick them.

2. No new evidence — The circuit court reviews the trial court’s legal conclusions. You can’t introduce new facts or witnesses. If it wasn’t in the record below, it doesn’t exist on appeal.

3. Briefing — Both sides file written briefs arguing their positions. The quality of your brief matters enormously. This is where your legal arguments live or die.

4. Oral argument — Not guaranteed. The court may decide your case on the briefs alone. If you get oral argument, it’s usually 15-20 minutes per side.

5. Published vs. unpublished opinions — Published opinions become binding precedent that future courts must follow. Unpublished opinions are still public but generally aren’t binding (though they can be cited as persuasive authority in most circuits).

6. En banc review — If you lose before the three-judge panel, you can ask the full circuit (all active judges) to rehear the case “en banc.” This is rarely granted — typically only when the panel decision conflicts with prior circuit precedent or raises an exceptionally important question.

Practical Tips

Know your circuit before you file. Research how your circuit handles the specific claims you’re bringing. If your circuit has favorable precedent on excessive force but unfavorable precedent on First Amendment retaliation, that should shape your strategy.

Cite your circuit first, always. When writing briefs, lead with cases from your own circuit. A single on-point case from your circuit outweighs a stack of cases from other circuits.

Use other circuits strategically. If your circuit hasn’t addressed your exact issue, cases from other circuits become persuasive authority. Cite them to fill the gap — but be upfront that they’re from other circuits. Judges appreciate honesty about the weight of your authorities.

Watch for recent decisions. Circuit law evolves. A case from 2023 may have overruled or narrowed a case from 2005. Always check that your cases are still good law. Free tools like CourtListener{:target=“_blank” rel=“noopener”} can help.

If your circuit is hostile to your claim, frame your arguments carefully. Focus on the specific facts that distinguish your case from the bad precedent. Judges in tough circuits still rule for plaintiffs — they just need stronger facts and tighter legal arguments to do it.