Jun Xiao v. Regents of the University of Minnesota, et al.
SocialSecurity DueProcess FirstAmendment Takings FifthAmendment
Whether the state district court erred in dismissing Petitioner's 42 U.S.C. § 1983, Fourteenth Amendment equal protection claim for failure to state a claim upon which relief can be granted
QUESTIONS PRESENTED FOR REVIEW Whether the state district court erred in dismissing Petitioner’s 42 U.S.C. § 1983, Fourteenth Amendment equal protection claim for failure to state a claim upon which relief can be grated. Whether the lower courts, given the facts, wrongfully employed and misapplied a heightened scrutiny standard rather than the deferential Turner standard? See Turner v. Safley, 482 U.S. 78 (1987). Whether the Fifth and Fourteenth Amendments can prevail a state status (Minn. Stat. § 606.01) when deciding whether students can be awarded monetary relief for their property damages (education right is a property right). Whether students at a state-owned university should have the same federal legal rights as students at private universities when state-owned university students suffered property loss. Whether maliciously acting government officials should be awarded “qualified immunity” in terms of First Amendment retaliation.