Mario R. Lozano v. Superior Court of Massachusetts, Suffolk County, et al.
DueProcess FourthAmendment Privacy
Does Congress have the authority to override the States' Sovereign Immunity under the 11th Amendment to the US Constitution?
Questions Presented for Review 1. Suffolk Superior Court and Transcription Services are claiming 11 Amendment Sovereign State Immunity as though it is an absolute bar from a civil action. Does Congress have the authority to override the States Sovereign Immunity under the 11th Amendment to the US Constitution? 2. Can Congress use the Section 5/Enforcement Clause of the 14th Amendment of the United States Constitution to allow private suits against non-consenting States that claim Sovereign Immunity under the 11h Amendment? ; 3. Are Sovereign States bound by the federal statutes that Congress enacts, such as the “Deprivation of Rights Under Color of Law, 18 USCA 242,? 4. Can the Sovereign States deny the 7th Amendment Right to a Jury Trial to conceal evidence of Conspiracy to Interfere with Civil Rights, 42 USCA 1985? (i) ij 5. The US Court of Appeals based its decision on the Rooker-Feldman Doctrine. Does the Rooker-Feldman Doctrine apply when the state case and the federal case have different parties, facts, and claims? 6. The Respondents’ Conspiracy and their various acts are hidden and woven into the court’s procedure, for the appearance of normality, where only testimony at trial can reveal the truth of conspiracy. Will the Court deny a Right to Trial as guaranteed by the 7th Amendment and thereby allow crimes and unlawful acts to determine the case outcome? 7. Petitioner contends that Respondents perpetrated fraud in the arrangement ofa secret agreement without Petitioner’s knowledge and consent that was used as a final resolution/court order of the civil case thereby barring Petitioner’s Right to Due Process of : Law. Does Fraud and the Conspiracy to commit fraud, layered over by Rules of Civil Procedure, override the Right to Due Process of Law? 8. Does Fraud in obtaining a judgment void the decision in favor of the parties conspiring to commit the fraud? (i) ty 9. Can the United States Court of Appeals rely, for its decision, on the District Court’s Memorandum of Law that does not consider Petitioner’s statement of appeal? 10. Does the United States Court of Appeals have ; the authority to accept Pleadings of a civil case in its first appeal review then revert back to the Pleadings as a basis of denial (under Rule Civ. Pro.12/ Failure to State a Claim) in a second appeal review after the first denial did not withstand scrutiny? (iii) i}