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
Key Terms:
AdministrativeLaw SocialSecurity Takings JusticiabilityDoctri
Latest Conference: 2019-11-15 (distributed 2 times)
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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 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 qd ii States Constitution , 42 U.S.C $ 1983 and police , officers misconduct barred for Immunity ? 38. 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 Ali 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 ? G

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