No. 18-571

James Lee Williams v. United States

Lower Court: Federal Circuit
Docketed: 2018-10-31
Status: Denied
Type: Paid
Response Waived
Tags: 11th-amendment 14th-amendment 1964-supreme-court-decree civil-rights constitutional-rights due-process federal-agencies fraud sovereign-immunity statute-of-limitations water-rights yuma-reclamation-project
Key Terms:
DueProcess
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether valid claims of constitutional rights violations containing elements of fraud should be dismissed as frivolous due to the statute of limitations

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Statute of Limitations protects against frivolous : lawsuits. However, the Statute of Limitations was not . established to conceal wrongdoings by federal agencies. This petition for a Writ of Certiorari is requested because the Statute of Limitations is being used to conceal past wrongdoings by the Bureau of Reclamation and Bureau of Land Management. This review is requested because justice in this case will not be served in lower courts against federal agencies. The claim in this case dates back to the mid 1920s when racial segregation and discrimination was socially acceptable and the Constitutional Rights of African Americans were violated with impunity until the 1964 Civil Rights Act. On the surface, it sounds like this case is outdated and the violations in the claims are things that happened over (90) years. A defense attorney would make it sound like the C) claim happened years ago or decades ago. The violations ; started decades ago, and they continue today because the Bureau of Reclamation is supporting a decision by Metropolitan Water District of Southern California that delayed a decision to support the land on the Yuma Island , infinitely. ; Question: African Americans as a protected group, Constitutional Rights were violated during the administration of the Yuma Reclamation Project, and it is being concealed by the Statute of Limitations. The U.S. Attorney and the Attorney Generals of Arizona and California are using the Statute of Limitations and Sovereign Immunity to deny justice for Constitutional Rights violations. How do we insure that valid claims of Constitutional Rights violations that contain elements of ; fraud are not dismissed as frivolous claims? 2. This petition for Writ of Certiorari case number 18-1689 ; is related to two other cases in the United States District Sw) , is ii : Court in Phoenix, Arizona: Cases # CV-17-3390-PHX-DJH and The elements in these cases are the same, and all three cases are related to the 1964 Supreme Court Decree and the fraudulent taking of water rights and land by the Bureau of Land Management and the Bureau of Reclamation that violated the Constitutional Rights of the Petitioner. Question: In case CV-17-3390-DJH, the States of Arizona, California, Metropolitan Water District of Southern California, and the Bureau of Reclamation are Defendants. Arizona and California are invoking the 11" Amendment’s Sovereign Immunity Protection and the U.S. Attorney representing the Bureau of Reclamation is using the Statute of Limitations as justification to dismiss this case for time barred. The case in the District Court in Arizona is for the fraudulent taking of water rights within the Yuma Reclamation Project that is being administered by the Bureau of Reclamation. The 11 Amendment Sovereign Immunity Protection is being used by the States of Arizona and California to conceal Constitutional Rights violations. They violated the 14" Amendment’s Due Process and Equal Protection laws. In the Phoenix case, the 14° Amendment is being challenged by the 11 Amendment Sovereign Immunity protection. When the U.S. Constitution is violated, when does the 14" Amendment trump the 11 Amendment Sovereign Immunity Protection Clause? . 3. The 1964 Supreme Court Decree, Arizona v. California was first opened and amended in the 2000 Supplemental Decree and the 2006 Supreme Court Decree. The 2000 Supplemental Decree authorized additional water for the Mohave and the Colorado River reservations, which was based on paragraph II (D) (5) in the 1964 Decree. The 2006 Supreme Court Decree authorized an increase of water for the Quechan Indian tribe that was initially based on paragraph II (D) (5) of the 1964 Decree in a claim filed by C) pou the Bureau of Reclamation. However, the Quechan tribe filed a claim in 1978 for more water that was based on the 1893 Agreement that ceded non-farmable land to the Bureau of Reclamation for free construction work of the water delivery canals t

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent United States to respond filed.
2018-08-18
Petition for a writ of certiorari filed. (Response due November 30, 2018)

Attorneys

James Lee Williams
James Lee Williams — Petitioner
James Lee Williams — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent