No. 18-775

Andrew Chien v. LeClairRyan, et al.

Lower Court: Fourth Circuit
Docketed: 2018-12-19
Status: Denied
Type: Paid
Response Waived
Tags: administrative-error civil-rights collateral-estoppel color-of-state-act due-process false-imprisonment fourth-amendment qualified-immunity res-judicata subject-matter-jurisdiction territorial-jurisdiction
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the order is void due to administrative error and lack of jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. For No.18-6346, the question is whether the order is void which committed administrative error, a nonjudicial act by not issuing summons to defendants in the original complaint based on claims of Defendants’ violation of Fourth Amendment, and engagement of Subject Error, and Territorial Jurisdiction Error under color of State act. 2. For No. 18-1523, the question is whether the order contained errors of unfairness and due process by (a) to use the void order in the Doctrine of Res Judicata and Collateral Estoppel; (b) abused the two-years’ time bar by omitted the time-toll law of Virginia regarding false. imprisonment; (c) abused the qualified immunity of the Clerks, Sheriffs and officer of Virginia Government; (4) omitted 42USC §1983 Claims against Commonwealth of Virginia, and State Judges in declaration and injunction relief. . ; 3. Additional question is whether the principles of Fair Debt Collection Practices Act (“FDCPA”) should be executed in Commonwealth of Virginia. ~ii~

Docket Entries

2019-02-19
Petition DENIED.
2019-02-08
Second supplemental brief of petitioner Andrew Chien filed. (Distributed)
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-29
Supplemental brief of petitioner Andrew Chien filed. (Distributed)
2019-01-23
Waiver of right of respondents Karl S. Leonard, Dennis S. Proffitt to respond filed.
2019-01-16
Waiver of right of respondent Chesterfield County, VA to respond filed.
2019-01-03
Waiver of right of respondents Mark R. Herring, Frederick G. Rockwell III, Donald W. Lemons, Glen A. Huff, and W. Allan Sharrett to respond filed.
2018-12-14
Petition for a writ of certiorari filed. (Response due January 18, 2019)
2018-10-18
Application (18A401) granted by The Chief Justice extending the time to file until December 17, 2018.
2018-09-28
Application (18A401) to extend the time to file a petition for a writ of certiorari from November 19, 2018 to December 17, 2018, submitted to The Chief Justice.

Attorneys

Andrew Chien
Andrew Chien — Petitioner
Chesterfield County, Virginia
Emily Claire RussellChesterfield County Attorney's Office, Respondent
Commonwealth of Virginia, Frederick G. Rockwell III, Donald W. Lemons, Glen A. Huff, and W. Allan Sharrett
Sandra Snead GregorOffice of the Attorney General, Respondent
Karl S. Leonard, Dennis S. Proffitt
William Fisher EtheringtonBeale, Davidson, Etherington & Morris, P.C., Respondent