No. 19-1111

Michael Anthony Deem v. Lorna DiMella-Deem, et al.

Lower Court: Second Circuit
Docketed: 2020-03-10
Status: Denied
Type: Paid
Response Waived
Tags: abstention-doctrine civil-procedure civil-rights domestic-relations-abstention due-process federal-jurisdiction federal-question-claims federalism judicial-immunity parental-rights standing
Key Terms:
SocialSecurity DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Does a federal court have a right to decline the exercise of jurisdiction over federal-question claims?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner, a fit parent that exceeded minimum standards of care for both of his children (then 11 and 12 years old), filed federal-question claims against Respondents for, inter alia, effectively terminating his parental and associational rights with his children, based on fabricated allegations and denial of any semblance of due process. The District Court summarily dismissed the complaint pursuant to a circuit specific domestic relations abstention doctrine and judicial immunity, and certified that any appeal would not be taken in good faith. The Second Circuit affirmed and awarded costs. 1. DOES A FEDERAL COURT HAVE A RIGHT TO DECLINE THE EXERCISE OF JURISDICTION OVER FEDERALQUESTION CLAIMS? 2. IS A JUDGE IMMUNE FOR ACTIONS, THOUGH JUDICIAL IN NATURE, TAKEN IN THE COMPLETE ABSENCE OF ALL JURISDICTION? 38. MAY A FEDERAL COURT USURP THE RIGHT OF NEW YORK STATE TO DETERMINE ITS OWN COMPELLING STATE INTERESTS AND THE MEANS OF PROTECTING THEM?

Docket Entries

2020-05-18
Petition DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-22
Reply of petitioner Michael Deem filed. (Distributed)
2020-04-21
Letter received from petitioner Michael Deem.
2020-04-08
Brief of respondents Faith G. Miller, Esq. in opposition filed.
2020-03-31
Waiver of right of respondent Angelina Young to respond filed.
2020-03-18
Waiver of right of respondent Arlene Gordon-Oliver to respond filed.
2020-03-06
Petition for a writ of certiorari filed. (Response due April 9, 2020)

Attorneys

Angelina Young
Justin R. AdinWestchester County Department of Law, Respondent
Arlene Gordon-Oliver
Barbara Dale UnderwoodSolicitor General, Respondent
Faith G. Miller, Esq.
Robert Alan BernsKaufman Dolowich & Voluck LLP, Respondent
Michael Deem
Michael Anthony DeemPro Se, Petitioner