No. 19-6451

Lori Zarlenga v. Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

Lower Court: Rhode Island
Docketed: 2019-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure capable-of-repetition-yet-evading-review civil-procedure civil-rights collateral-consequences constitutional-rights due-process equal-protection first-impression mootness mootness-doctrine public-interest public-interest-exception
Key Terms:
DueProcess FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the Rhode Island Supreme Court erred by dismissing Petitioner's appeal on the grounds of mootness

Question Presented (OCR Extract)

QUESTIONS PRESENTED . The Rhode Island Supreme Court erred by not allowing Petitioner’s appeal to , . proceed on the merits. The Rhode Island Supreme Court erred by dismissing Petitioner’s appeal on the grounds of mootness. Petitioner’s appeal involves legal ; issues of first impression that would be resolved if the merits of the issues were addressed. The Decision Below Warrants This Court’s Review. The RI Supreme Court held that “a determination of mootness may not end our judicial review.” ; In re Court Order Dated October 22.2003, 886 A.2d 342, 348 (R.1.2005) (quoting Foster-Glocester Regional Schoo] Committee v. Board of Review, 854 A.2d 1008, 1013 (R.I.2004)). As a limited exception to the mootness doctrine, we will review an otherwise moot case when the issues raised implicate matters of “extreme public importance” and the circumstances that gave rise to the initial . controversy are capable of repetition while evading review. Pelland v. State, 919 A.2d 373, 378 (R.1.2007) (citing Sullivan, 703 A.2d at 752). In these types of matters, “resolution of the question is . in the public interest, as for guidance in future cases.” State v. Cianci, 496 A.2d at 142 (R.1.1985). This Court has long recognized an exception to the mootness doctrine for a controversy , that is “capable of repetition, yet evading review.” S. Pac. Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). This is a case of first impression that presents questions of exceptional importance. : This case presents the following questions: 1. Did the Rhode Island Supreme Court make an error of law, abuse its discretion, prejudice Petitioner’s case by dismissing Petitioner’s Appeal on the grounds of mootness , and not deciding Petitioner‘s appeal on the merits and not asserting authority to review evidentiary errors in the Rhode Island District Court? 2,Whether RI Supreme Court erred, abused its discretion, prejudiced Petitioner’s case =. by failing to decide or address the arguments presented by Petitioner’s 7 counsel as to the capable of repetition yet evading review exception to the mootness . doctrine? 3. Did the RI Supreme Court decide that the capable of repetition yet evading review” exception to the mootness doctrine was not applicable to Petitioner‘s appeal? If so, then did RI Supreme Court make an error of law, abuse its discretion, prejudice Petitioner’s ‘ case in concluding that the “capable of repetition yet evading review” : . exception to the mootness doctrine was not applicable to Petitioner’s appeal? @ Questions Presented-continued : 4, Whether the exceptions to the mootness doctrine, “capable of repetition yet evading review” “public interest or public importance exception” and “collateral consequences . Exception” are applicable to Petitioner’s appeal. Thus warrants review of decisions below. 5. Whether the Rhode Island Supreme Court’s decision dismissing Petitioner’s appeal as moot is motivated by Political Psychiatry Abuse. 6. Did the Rhode Island Supreme Court violate Petitioner’s, liberty protected rights ) due process of law, and equal protection under the Fourteenth Amendment of the United States Constitution and the Rhode Island Constitution cited herein or . any other applicable law for reasons set forth herein? 7. Did the Rhode Island District Court and the Rhode Island Supreme Court intentionally : delay and obstruct Petitioner’s appeal and thereby causing Petitioner’s appeal to be dismissed as moot? 8. Did Rhode Island Supreme Court violate due process of law, equal protection, and liberty protected interests under the Fourteenth Amendment to the United States ; Constitution and Rhode Island Constitution by failing to give precedence of Petitioner’s . appeal on the RI Supreme Court dockets and failing to insure the expeditious transmission of the record and transcript pursuant to Rhode Island General Laws : Mental Health Statute 40.1-5-8 (k) (2) so that Petitioner’s appeal would not be ; rendered meaningless by dismissing Petitioner’s appe

Docket Entries

2020-01-13
Petition DENIED.
2020-01-10
Letter of January 7, 2020 from petitioner received.
2020-01-08
Waiver of right of respondent RI Dept. of Behavioral to respond filed.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-09-06
Application (19A268) denied by Justice Breyer.
2019-09-03
Application (19A268) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Breyer.
2019-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)

Attorneys

Lori Zarlenga
Lori Zarlenga — Petitioner
Lori Zarlenga — Petitioner
RI Dept. of Behavioral
Michael W. FieldDepartment of Attorney General, Respondent
Michael W. FieldDepartment of Attorney General, Respondent