No. 19-5119

Johana Cabantac Arucan v. Cambridge East Healthcare Center, et al.

Lower Court: Sixth Circuit
Docketed: 2019-07-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: age-discrimination civil-rights constitutional-rights due-process employment employment-discrimination equal-protection fourth-amendment police-misconduct summary-judgment title-vii
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (from Petition)

1. In a case brought under the Title VII
Discrimination in Employment Act, Age
Discrimination as illegal termination &
harassment with police misconduct &
unconstitutional, where a long -term ,older
female employee - Johana C Arucan / Petitioner
(myself) is displaced by a younger male employee
on January 8, 2016 ( 8 hours work) as evidenced
on Rehab Optima Computer Therapist
Scheduled-App. 51-59 , may a court properly
grant summary judgment by accepting as the
employer 's disputed claim that plaintiff
/Petitioner was a poor performer- unintentional
incident for responding to Catherine B call light
for help,which was corrected appropriately by the
Petitioner at Rehab Optima Documentation
Addendum , and that the alleged poor
performance , not Age , title VII Discrimination in
Employment Act , illegal termination , was the
reason for the firing ?

2. Whether Madison Heights Police Officers are
responsible for policy that allows to illegally
arrest innocent people for trespassing during
Petitioner 's scheduled working hours on
January 8, 2016 for 8 hours , which caused
harmed due to wrong protocol, & It violated of
Fourth, Fifth, Seventh, Eight, Fourteenth
Amendment ,Equal Protection Act to the United
States Constitution , 42 U.S.C $ 1983 and police
officers misconduct barred for Immunity ?

3. Denial of appointed counsel resulted in
fundamental unfairness impinging on her due
process rights ? To Dismiss Petitioner 's Claim in
favor of the Respondent 's Grant Summary of
Judgment without Discoveries is an abused of
discretion /power ?

4. The Court Practices in Michigan & National are
unconstitutional and discriminatory therefore
needs Reform as it damaging the life and future
of All hardworking minority U.S. Citizens
innocent victims "For People and not Prison " ? It
violated of Fourth, Fifth, Seventh, Eight,
Fourteenth Amendments to the United States
Constitution ?

5. That the Court to Withdraw the 43 rd District
Court - Madison Heights , Mi. Pleading as it is
unconstitutional, illegal, void, discriminatory and
miscarriage of justice . Court Practices innocent
minorities victims asked to Plea , which due to the
miscarriage of justice system innocent victims
Plea against their will ,but have no choice but to
Plea, just to get out of the injustice system and
wants to move on into their life and future , goals
that were postponed ?

Question Presented (AI Summary)

Whether a court can properly grant summary judgment by accepting an employer's disputed claim that a long-term, older female employee was a poor performer as the reason for termination, rather than age discrimination under the Title VII Discrimination in Employment Act

Docket Entries

2019-11-18
Rehearing DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-15
2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-07-25
Waiver of right of respondent John Heinrich and Rick Zamojski to respond filed.
2019-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)
2019-04-16
Application (18A1059) granted by Justice Sotomayor extending the time to file until July 12, 2019.
2019-04-12
Application (18A1059) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to July 12, 2019, submitted to Justice Sotomayor.

Attorneys

Johana C. Arucan
Johana Arucan — Petitioner
John Heinrich and Rick Zamojski
Holly Stockton BattersbyRosati, Schultz, Joppich and Amtsbuechler, Respondent