No. 18-9247

Hitoshi Ombe v. Susana Martinez, et al.

Lower Court: Tenth Circuit
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: autism-disability civil-rights cognitive-ability competency competency-ability disability due-process emotional-damages executive-function instrumental-aggression knowledge-of-disability legal-competency pro-se pro-se-litigant pro-se-litigation standing
Key Terms:
DueProcess FirstAmendment FifthAmendment Takings EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Does the depressed autism minority have adequate competency or ability to litigate on his own (pro se) without any help or support?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; Question 1: Does the depressed autism minority have adequate competency or ability to litigate on his own (pro se) without any help or support? The competency includes both cognitive ability (pleading, comprehending motions, and forming response assertions) and case management ability/skills (executive function). , Question 2: Is it required for a presiding judge to have proper knowledge of depressed autism disability, when the depressed autism minority as pro se litigant appears before him with or : without any help or support? Is it required for a defense lawyer to have proper knowledge of depressed autism disability, when the depressed autism minority as a pro se litigant appears before him with or without any help or support? ; Subsidiary Question to Question 2: What is an appropriate response to the situation, when the depressed autism minority as pro se litigant appears before a judge or defense lawyer with or without any help or support? Question 3: Are the defendants liable for emotional damages by instrumental aggression? In particular, are the defendants liable for emotional damages by instrumental aggression, when the defendants do not even have proper and legally required knowledge of autism disability?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-11-27
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Waiver of right of respondents Governor Susana Martinez, et al. to respond filed.
2019-05-30
Waiver of right of respondents Disability Rights New Mexico, Inc., The Board of Disability Rights New Mexico, Inc., James Jackson, Nancy Koenisberg, Bernadine Chavez, Jason C. Gordon, Timothy Gardner to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)
2019-02-15
Application (18A831) granted by Justice Sotomayor extending the time to file until May 9, 2019.
2019-02-08
Application (18A831) to extend the time to file a petition for a writ of certiorari from March 10, 2019 to May 9, 2019, submitted to Justice Sotomayor.

Attorneys

Disability Rights New Mexico, Inc., The Board of Disability Rights New Mexico, Inc., James Jackson, Nancy Koenisberg, Bernadine Chavez, Jason C. Gordon, Timothy Gardner
Jeanne Cameron WashburnDomenici Law Firm, P.C., Respondent
Governor Susana Martinez, et al.
Mark Daniel StandridgeJarmie & Rogers, P.C., Respondent
Hitoshi Ombe
Hitoshi Ombe — Petitioner