No. 19-279

Shirley Johnson v. New Destiny Christian Center Church, Inc., et al.

Lower Court: Eleventh Circuit
Docketed: 2019-09-03
Status: Denied
Type: Paid
Tags: advice-of-counsel civil-procedure civil-rights due-process evidence evidence-alteration evidence-tampering fourteenth-amendment judicial-misconduct malicious-prosecution probable-cause
Key Terms:
DueProcess Copyright
Latest Conference: 2019-11-15
Question Presented (AI Summary)

whether-due-process-clause-permits-judgment-to-stand-when-court-altered-evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED After a two-day Bench Trial in a malicious prosecution action, the District Court altered video evidence, and ignored other “smoking gun” evidence. After altering the evidence, the District Court misrepresented . that Petitioner submitted the altered evidence which was insufficient to prove malice, and therefore denied : punitive damages, but awarded de minimis compensatory damages. The Eleventh Circuit Court of Appeals affirmed the decision. Question 1: Whether the Due Process Clause of the Fourteenth Amendment permits a judgment to stand when the Court altered and misrepresented the one piece of evidence that it used to determine that malice was nonexistent; and ignored other “smoking . gun” evidence which proved malice and lack of probable cause? Question 2: Whether filing a fabricated Complaint constitutes malice. Question 3: Whether advice of counsel defense is valid when Defendants admitted under oath that they knew the allegations in their Complaint were false? ii PARTIES The caption of the case contains all

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-23
Reply of petitioner Shirley Johnson filed.
2019-10-17
Brief of respondents New Destiny Christian Center Church, et al. in opposition filed.
2019-10-16
Application (19A410) denied by Justice Thomas.
2019-10-05
Application (19A410) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to Justice Thomas.
2019-10-04
Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2019.
2019-10-02
Motion to extend the time to file a response from October 3, 2019 to October 17, 2019, submitted to The Clerk.
2019-08-14
Petition for a writ of certiorari filed. (Response due October 3, 2019)

Attorneys

New Destiny Christian Center Church, et al.
Michael R. D'LugoWicker, Smith, O'Hara, McCoy, & Ford, P.A., Respondent
Shirley Johnson
Shirley Johnson — Petitioner