No. 18-1527

Rattan Nath v. New Jersey

Lower Court: New Jersey
Docketed: 2019-06-11
Status: Denied
Type: Paid
Tags: civil-rights criminal-liability due-process equal-protection ordinance-enforcement property-rights racial-discrimination revenue-generation selective-enforcement takings vague-ordinance
Key Terms:
Environmental DueProcess FirstAmendment FifthAmendment Takings JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can New Jersey courts provide cover to racial discrimination by imposing strict criminal liability under a vague ordinance used for revenue generation that criminalizes recycling?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Can New Jersey courts provide cover to racial : discrimination by imposing strict criminal liability—even when there is no public nuisance or any compromising of public safety, . or health— under a vague ordinance used for revenue generation that criminalizes recycling and requires Petitioner to create a public hazard by dumping loose leaves and recyclable debris/mulch on active roadways: all to raise ; revenue from singled out minority Petitioner by dispensing with Due Process? ; Il. Is it a taking when New Jersey’s regulation enforcement vests unfettered discretion in State actors to single out Petitioner for deprivation of meaningful control over his property taken as a whole in order to impose public burdens, such as raising revenue, which, in all fairness and justice, should be borne by the public as a whole un '

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-06-05
Petition for a writ of certiorari filed. (Response due July 11, 2019)

Attorneys

Rattan Nath
Rattan Nath — Petitioner
Rattan Nath — Petitioner