Adem Albra v. Board of Trustees of Miami Dade College, et al.
AdministrativeLaw ERISA DueProcess FirstAmendment Securities
Did the Public College take away the Petitioner's right to earn a living in whatever vocation he chooses, indirectly, by expelling him, twice, for being a 'direct threat', and, where the College admits Petitioner is not a direct physical threat?
QUESTION(S) PRESENTED 1. Did the Public College take away the Petitioner's right to earn a living in , . whatever vocation he chooses, indirectly, by expelling him, twice, for being a “direct threat”, and, where the College admits Petitioner is not a direct physical threat? | 2. Conflicting Opinions exists from two different circuits. The DC Court of Appeals accepted the diagnosis from a Public College that Petitioner is a “direct [verbal] threat” so severe, he can never attend higher education, even ' with reasonable accommodation.. The 11% Circuit, case #18-12197, 11th Circuit Court of Appeals, has a ruling from its District Court that Petitioner is not disabled, and can work. Both the ALJ for SSA and the District Court ‘were fully aware of the College’s finding, and the DC Circuit opinion. Therefore, this Court needs to determine if Petitioner is a direct threat and disabled as conflicting opinions are rendered against him; in the interim, the , Petiioner is deprived of his liberty and property interest for three and a half : ae year now, and counting. . 3. Petitioner has exculpatory evidence where his doctor of psychiatric stated he : is not a direct threat. He also a world renown forensic psychologist expert who's performed over 20,000 evaluations, with extensive court testimony, who stated that the College’ s motivation for removing Petitioner from College i | had nothing to do with him being a direct threat, but, was the College’s retaliation for free speech, at the very minimum. He also stated the College’s psychologist failed to list Petitioner’s known mental disabilities. Therefore, is : the DC Court of Appeals ruling creating a precedent where Courts no longer have to consider exculpatory evidence as the DC Court did to Petitioner? 4, Can federal agencies violate an individual’s Constitutional Rights, as well as fail to follow their own rules, precedents, High Court rulings, and case handling procedures, without explanation or cause? 5. According to the CDC 78% of Americans living with HIV/AIDS live in poverty, with nearly 70% living in extreme poverty with incomes of less than $10,000. Also, 1 out of every 2 persons living with HIV/AIDS will become : homeless in their lifetime. The next closest group of Americans living in : poverty is Americans with Disabilities at 30%, of which, HIV/AIDS in included. Therefore, does this case reflect the overwhelmingly institutional . "biases that exist in America against persons with HIV/AIDS, and reflect that : persons with HIV/AIDS are not afforded the same protections as other Americans? ii : Scenarios for Accepting or Denying Writ Deny the e Upholds CoA decision. In no way is Petitioner saying this Writ e Rewrites rules of Due Process would ever happen; This scenario is and Exculpatory. for illustrative purposes only: e Allows government to exclude individual permanently from If Petitioner ever became ‘postal’ education for being a direct because the Courts ruled he is to the threat, yet requires him to work | level of direct threat he could never which requires significantly attend College, but then forced more exertion — mentally and Petitioner to work which requires ; physically. more exertion and hours of that of being in College, the legitimacy of ; American Jurisprudence will be put ; on trial by the people. Require e Would require Petitioner to Would rewrite Due Process for all ' Petitioner | ‘prove’ innocence, particularly | proceedings — including criminal. to go for when he has exculpatory Evaluation evidence already. Public Outcry overwhelmingly e The College refused to calllaw | opposed as this form of tyranny has enforcement at any time no basis in fact or law. 4 pertaining to incident although it was Petitioner requesting it. : e. The College also refused to : “Baker Act” Petitioner — Remember this is a School of Nursing and a nurse is lawfully able to do so. Grant the e Determine the College’s action’s | Would allow any American to bypass Writ are lawful, an