Rafael Pabon Ortega v. Isabel Llompart Zeno, et al.
FirstAmendment DueProcess FourthAmendment
Whether the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. §§ 362, 922, as incorporated into PROMESA are unconstitutional as applied by the First Circuit to suspend—during the minimum 4 year life of the Commonwealth's PROMESA's petition—the prosecution of Petitioner's First Amendment civil rights action under the Civil Rights Act of 1871, 42 U.S.C. § 1983
QUESTION PRESENTED Whether the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. §§ 362, 922, as incorporated into PROMESA are unconstitutional as applied by the First Circuit to suspend—during the minimum 4 year life of the Commonwealth’s PROMESA’s petition—the prosecution of Petitioner’s First Amendment civil rights action under the Civil Rights Act of 1871, 42 U.S.C. § 1983; particularly where the § 1983 action: (a) does not pursue economic damages against the Commonwealth; and (b) solely seeks damages against the state official in her personal capacity and prospective equitable relief against the state official in his official capacity, consistent with Ex parte Young and its progeny.