No. 18-9552

Patricia Gill v. Nyack College, et al.

Lower Court: Second Circuit
Docketed: 2019-06-04
Status: Denied
Type: IFP
IFP
Tags: bad-faith civil-procedure civil-rights constitutional-rights court-procedure due-process harassment in-forma-pauperis judicial-misconduct poor-person-status prosecutorial-misconduct standing state-officials
Key Terms:
Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the prosecutions undertaken by state officials in bad faith with the intent to harass the defendant/Plaintiff and discourage her from exercising her federal constitutional rights and to proceed as a poor person in her case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Plaintiff feels that Judge Nelson S. Roman acted in Bad faith , when he spoke about another case which Plaintiff was not there for. She was only informed that hearing would be about Nyack . College issues. Plaintiff received, the Opinion and order, on August 1, 2018. Plaintiff was barred to proceed as a poor person. It was told to Plaintiff by the clerk she would have to pay $500 in order to proceed in the court in Nyack College case. The prosecutions undertaken by state officials, in bad faith, with ; the intent to harass the defendant and discourage her from exercising her federal constitutional rights and to proceed as a poor person in her case. | 3. In fact, Plaintiff fell under the guidelines of the district : court a poor person relief. In addition to this, the lawyers for defendants and Mr. Keith Gutstein went along with Nelson S. Roman they too, showed bad faith to get this case dismissed. “The cumulative effect of these rulings is less impressive than one might assume. Each has been criticized for defining actionable bad faith in such stringent terms that defendants have little hope of invoking it successfully.” Downum v. United States, 372 U.S. 734, 736 (1963)). The Court subsequently clarified that a defendant must show the prosecutor’s or judge’s ‘ bad faith conduct was “intended to ‘goad’ the defendant into moving for a mistrial.” ' The prosecutions undertaken by state officials in bad faith : with the intent to harass the defendant/Plaintiff and discourage her from exercising her federal constitutional -rights and to proceed as a poor person in her case.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Patricia Gill
Patricia Gill — Petitioner
Patricia Gill — Petitioner