No. 18-331

Rafael Pabon Ortega v. Isabel Llompart Zeno, et al.

Lower Court: First Circuit
Docketed: 2018-09-13
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (3)
Tags: bankruptcy bankruptcy-code bankruptcy-stay civil-rights civil-rights-act constitutional-law ex-parte-young first-amendment insular-cases promesa puerto-rico section-1983
Key Terms:
FirstAmendment DueProcess FourthAmendment
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (AI Summary)

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 (OCR Extract)

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.

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-14
Reply of petitioner Rafael Pabon Ortega filed. (12/18/2018)
2018-12-06
Brief of respondents Isabel Llompart-Zeno, et al in opposition filed.
2018-11-16
Motion to extend the time to file a response is granted in part and the time is extended to and including December 19, 2018.
2018-11-14
Motion to extend the time to file a response from November 21, 2018 to December 21, 2018, submitted to The Clerk.
2018-11-14
Response to motion to extend the time to file a response filed by respondents.
2018-10-22
Response Requested. (Due November 21, 2018)
2018-10-15
Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-05
Waiver of right of respondents Isabel Llompart-Zeno, et al. to respond filed.
2018-09-11
Petition for a writ of certiorari filed. (Response due October 15, 2018)

Attorneys

Isabel Llompart-Zeno, et al
Carlos Lugo-Fiol — Respondent
Carlos Lugo-Fiol — Respondent
LatinoJustice PRLDEF, et al.
Natasha Lycia Ora BannanLatinoJustice PRLDEF, Amicus
Natasha Lycia Ora BannanLatinoJustice PRLDEF, Amicus
Rafael Pabon Ortega
Carlos Antonio Del Valle CruzDel Valle Law, Petitioner
Carlos Antonio Del Valle CruzDel Valle Law, Petitioner