No. 19-553

Moussa Diarra v. City of New York, New York

Lower Court: Second Circuit
Docketed: 2019-10-29
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 42-usc-1983 civil-rights due-process judicial-bias monell-claim monell-liability police-procedure probable-cause substantive-due-process summary-judgment
Key Terms:
SocialSecurity DueProcess CriminalProcedure
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Is the Second Circuit's refusal to apply the 'totality of circumstances' test for probable cause in a Monell suit constitutional?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. For a summary judgment to be granted, the Circuits must determine that the movant is entitled to “judgment as a matter of law’, Miller. New York Case Law states that an “egregious deviation from proper police procedure” violates a claim to probable cause, Blake v. City of New York. At bar, the Second Circuit failed to apply the law of probable cause (State and Federal) pursuant to the Supreme Court’s decision, J/linois v. Gates, and did not apply the “totality of circumstances” test to the facts. Is the Second Circuit’s refusal to apply the “totality of circumstances” test for probable cause in a Monell suit constitutional? 2. For a State/Town Statute to limit a substantive right, such as the fundamental right to liberty, it must be procedurally lawful. See Carolene, fn.4. In the matter presented, the Second Circuit upheld the Lower Court’s judgement to squash a state claim involving the fundamental right to liberty without substantive due process analysis pursuant to Carolene. Has the Second Circuit failed to apply substantive due process to a Municipal Statute in a false imprisonment claim? 3. A sitting Federal Judge should have the appearance of impartiality to an uninterested objective observer. Judges should recuse themselves based on extra judicial reasons. At bar, petitioner documented close to fifteen instances of bias and prejudice, including intentionally allowing a lawyer to plead and argue without filing a notice of appearance. The test for extra ii judicial bias and prejudice is satisfied with direct evidence of favoritism in the docket under Liteky. Has the Second Circuit correctly applied “extra judicial” test for a recusal, given documented instances of bias and prejudice by the District Judge? iii LIST OF PROCEEDINGS United States Court of Appeals for the Second Circuit No. 18-2821-cv Moussa Diarra, PlaintiffAppellant, v. City of New York, Defendant-Appellee. Decision Date: June 21, 2019 Rehearing Denial Date: August 9, 2019 United States District Court Southern District of New York No. 16-cv-7075 (vsb) Moussa Diarra, Plaintiff v. City of New York, Defendant. Decision Date: September 20, 2018

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
2019-11-25
Petition DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-30
Waiver of right of respondent City of New York to respond filed.
2019-10-04
Petition for a writ of certiorari filed. (Response due November 29, 2019)

Attorneys

City of New York
Jamison Michael Isaac DaviesNew York City Law Department - Appeals Division, Respondent
Jamison Michael Isaac DaviesNew York City Law Department - Appeals Division, Respondent
Moussa Diarra
Kissinger Nkosinathi SibandaThe Law Office of Kissinger N. Sibanda Esq, Petitioner
Kissinger Nkosinathi SibandaThe Law Office of Kissinger N. Sibanda Esq, Petitioner