No. 19-5365

Michael Joseph DeMarco, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.

Lower Court: Fifth Circuit
Docketed: 2019-07-29
Status: Denied
Type: IFP
IFP
Tags: color-of-state-law constitutional-rights due-process equal-protection government-misconduct prisoner-rights property-rights property-seizure retaliation witness-defense
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a prisoner has due process and equal protection under the Constitution

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a prisoner has due process and equal protection under the Constitution when a guard deliberately, willfully and ma; " liciously seizes a prisoner's legal and religious property, while working directly for the government under color of state lau in ; his individual capacity? Then, while directly under that power : and on that same day accuses offender of a major case then is allowed by superiors ta destroy the property that is the basis for the major case, ; 2. Whether a prisoner has due process and equal protection under the Constitution to call witnesses in his defense when issued a false, quota filling case that prisoner will automatically be found guilty of without his constitutional right to call witnesses on his behalf and to have those witnesses present? And whether superiors who oversee this biased, completely unfair process should be held accountable in their individual capacities and not granted sovereign immunity? 3. Whether a prisoner has equal protection under the Constitution when Defendants who are superiors and personally and directly involved in their individual capacities do not address and manage subordinates illegal behavior? 4. whether a prisoner has equal protection under the Constitution when the property is legal material while trying to appeal to this very court, The Supreme Court Of The United States, causing "actual injury". Legal property and religious property was , not frivolous and insequential. Actions by Defendants directly (i) a ££ _——— i ii i — — —_— hindered, impeded and burdened Plaintiff's constitutional right to file in this very court, The Supreme Court,

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)

Attorneys

Michael J. DeMarco, Jr.
Michael J. DeMarco Jr. — Petitioner