No. 18-7962

Al-Rashid Muhammad Abdullah v. Plant City Police Department, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 1st-amendment 42-usc-1983 4th-amendment civil-procedure civil-rights constitutional-rights due-process fourteenth-amendment fourth-amendment liberty-rights property-rights section-1983 takings
Key Terms:
AdministrativeLaw SocialSecurity DueProcess CriminalProcedure Securities
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the Due Process Clause requires an opportunity for a post-deprivation hearing for a property right/interest § 1983 claim

Question Presented (OCR Extract)

questions presented are: 1. Whether the Due Process Clause of the Fifth and Fourteenth Amendments require that prior to the final termination of a property right/interest § 1983 claim, the property Owner had a constitutional right to be afforded an opportunity for a post-deprivation hearing for an adequate remedy including a statement of reasons to satisfy constitutional due process. 2. Whether it is a per se unreasonable seizure and unlawful taking of property pursuant to the Fourth and Fourteenth Amendments to continue to stop/seize then taking an individual's “Not for-hire” property without a warrant, after the issue for this use has been affirmed with several state court acquittals on this particular issue, being in compliance with state laws which eliminates the : reasonable expectation that there is either probable cause to believe or reasonable suspicion that the “Not for-hire” property is being used contrary to the laws governing the operation of motor vehicles, merely for seeing the “Not for-hire” tag displayed in lieu of the state issued tag. 3. Whether a government action is found to be impermissible and unconstitutional in violation of the . First and Fourteenth Amendments because the decision(s) or act(s) is so arbitrary as to violate procedural due process, by applying other strict standards in addition to poverty guidelines for the request to Appeal in forma pauperis and denying the Redress of Grievances on a fundamental : Liberty and Property rights/interests § 1983 claim while refusing to allow a hearing. ; Petition for Writ of Certiorari: I ;

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Al-Rashid Muhammad Abdullah
Al-Rashid Muhammad Abdullah — Petitioner
Al-Rashid Muhammad Abdullah — Petitioner