Scott Richard Pendergraft, et ux. v. Network of Neighbors, Inc.
DueProcess JusticiabilityDoctri
Whether a pro se litigant's procedural or substantive due process rights are violated when trial and appellate courts willfully refuse to fully and fairly hear or review a case, resulting in erroneous factual findings and an unjust result
QUESTIONS PRESENTED The Guide to Judiciary Policy, Chapter 2, Code of Conduct for United States Judges, Canon 3, prescribes standards for adjudicative responsibilities, which include that judges should be patient, dignified, respectful, and courteous to litigants and should accord to every person who has a legal interest in a proceeding the full right to be heard fairly in accordance with the law. The right to be fully and fairly heard is protected by the Fourteenth Amendment’s Due Process Clause. The questions presented in this petition are: (1) Whether a pro se litigant’s procedural or substantive due process rights are violated when trial and appellate courts willfully refuse to fully and fairly hear or review a case, resulting in erroneous factual findings and an unjust result; and (2) Whether a meaningful opportunity to be heard is itself a protected interest for a pro se civil litigant, regardless of whether there are protected liberty or property interests attached to the underlying cause of action or defense. i