No. 19-1018

Dana Gallop v. Adult Correctional Institutions, et al.

Lower Court: Rhode Island
Docketed: 2020-02-14
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-death-statute civil-rights constitutional-law political-disenfranchisement prisoner-rights racial-discrimination supremacy-clause unconstitutional
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Does Rhode Island's Civil Death Statute violate the Supremacy Clause and 42 U.S.C. 1983 by denying a prisoner the right to file a civil claim, where the statute was derived from laws used to disenfranchise African-Americans?

Question Presented (OCR Extract)

QUESTION PRESENTED I. Does Rhode Island’s Civil Death Statute, G.L. 1956 § 13-6-1, violate the Supremacy Clause of the United States Constitution, where it is derived from laws that were used to socially exclude and politically disenfranchise African-Americans after the Civil War, and (1) is being applied to deny Petitioner, serving a life term of imprisonment, the right to file a civil claim in court, contrary to the intent of 42 U.S.C. 1983; and where (2) every United States court faced with this issue has found the civil death statute unconstitutional— and was this issue waived where it was properly raised at each level below?

Docket Entries

2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-14
Waiver of right of respondents Adult Correctional Institute, et al. to respond filed.
2020-02-12
Petition for a writ of certiorari filed. (Response due March 16, 2020)

Attorneys

Adult Correctional Institute, et al.
Michael W. FieldDepartment of Attorney General, Respondent
Michael W. FieldDepartment of Attorney General, Respondent
Dana Gallop
Ronald Joseph Resmini — Petitioner
Ronald Joseph Resmini — Petitioner