No. 19-6274

Sergei Kovalev v. City of Philadelphia, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2019-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process employee-immunity first-amendment free-speech freedom-of-information freedom-of-speech government-accountability government-liability municipal-liability public-access qualified-immunity
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the First Amendment guarantees the right to enter public offices and seek information or petition the government

Question Presented (OCR Extract)

QUESTIONS PRESENTED On December 10, 2015, the City of Philadelphia and its officials denied constitutionally protected human rights of the United States Citizen, who had the right to request and obtain the public information, to express his grievances, to be present in public areas, and to enter public areas, when such areas were open to any member of the public during the hours of operation. Despite clearly existing rights awarder to Sergei Kovalev by the United States Constitution, neither the District Court, nor the Federal Court of Appeals for the Third District ever stepped in to protect the U.S. Constitution and the nation’s longstanding protections afforded by the First and Fourteenth Amendments, including the right of access information, the right to peacefully express grievances, and the right to access the areas designated for public use during specified hours of operation. This case created an issue of exceptional importance, because the Federal Court of Appeals for the Third District applied different standards in Kovalev’s case. THIS PETITION PRESENTS THREE QUESTIONS: 1. Whether the First Amendment to the United States Constitution guarantees the right of citizens to enter the areas of the public offices maintained by the municipalities for public use during business hours, to seek and to obtain information or to petition the government for redress of grievances. 2. Whether the local municipality can be held liable for wrongdoings and omissions of its own municipal employees, when municipality completely fails to train and to supervise such employees. 8. Whether municipal employees can be immune from the liability. i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent City of Philadelphia; Paula Weiss; Yolanda Kennedy; Angelinel Brown to respond filed.
2019-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2019)

Attorneys

City of Philadelphia; Paula Weiss; Yolanda Kennedy; Angelinel Brown
Jane Lovitch IstvanCity of Philadelphia Law Department, Respondent
Jane Lovitch IstvanCity of Philadelphia Law Department, Respondent
Sergei Kovalev
Sergei Kovalev — Petitioner
Sergei Kovalev — Petitioner