No. 18-6490

Lyman S. Hopkins v. Language Testing International, et al.

Lower Court: Second Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-u.s.c.-1983 42-usc-1983 certification civil-rights discrimination discrimination-claim due-process employment employment-discrimination employment-website equal-protection parent-organization retaliation state-actor
Latest Conference: 2019-01-04
Question Presented (from Petition)

Is language certification testing agency Language Testing International, Inc. (LTI) immune from discrimination and retaliation charges despite it's twin affiliation with it's parent and certification organization American Council on Teaching Foreign Languages (ACTFL) maintaining the full-service teacher employment website jobcentral.actfl.org?

Is the court screening and dismissing the 28 U.S.C. § 1915 matter three days before Plaintiff timely submission, overlooking, void of factfinding, relevant new admissible evidence and ripeness affirmation legally justifiable by the U. S. Constitution First Amendment right to petition and the Fourteenth Amendment Section 1. Equal Protections?

Is the practice of U. S. District Court District of Southern District of New York denying opportunity for Plaintiff to amend the complaint aligned with the usual course of U. S. District Court proceedings?

Is it proper to herein litigate 42 U.S.C. § 1983 where jobcentral.actfl.org invites school personnel to post teacher employment positions and prospective teachers to seek employment-related services?

Question Presented (AI Summary)

Is language certification testing agency Language Testing International, Inc. (LTI) immune from discrimination and retaliation charges despite its twin affiliation with its parent and certification organization American Council on Teaching Foreign Languages (ACTFL) maintaining the full-service teacher employment website jobcentral.actfl.org?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-13
Waiver of right of respondents Language Testing International Inc., et al. to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Language Testing International Inc., et al.
David R. LagasseMintz Levin Ferris Glovsky & Pepoe, Respondent
Lyman Hopkins
Lyman S. Hopkins — Petitioner