No. 19-7019

Alvin Washington v. Justin Boder, et al.

Lower Court: Third Circuit
Docketed: 2019-12-19
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights due-process fourth-amendment procedural-due-process property-rights section-1983 standing takings unlawful-eviction unreasonable-search-and-seizure
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the extraordinary circumstances of a person being lawfully evicted by PFA order by the court one day after his unlawful eviction by state employees, denied him of a meaningful opportunity at a meaningful time to challenge the unlawful eviction and regain possession of his home when the unlawful act was random and unauthorized?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : [) Whether the extraodinary circumstances of a person being lawfully evicted by PFA order by the court one day after his unlawful eviction by state employees, denied him of a meaningful ; opportunity at a meaningful time to challenge the unlawful eviction and regain possession of his home when the unlawful act was random and unauthorized? Bi Whether a person's procedural due process right is violated due to the arbitrary and deliberate unlawful eviction by municipal officials violating his pre deprivation due process right and the © post deprivation remedy was rendered unmeaningful the very next day by a lawful eviction of the person ? . 3 + Whether the fundamental right of a person "to be secure in their persons, houses,. . . from unresonable searches and seizures, shall not be violated", would support a section 1983 procedural "due process" claim even when state post deprivation process were available ? uy. Whether the pro se, Appellant's third amended complaint was sufficient to state a claim in the pleading stage of a section 1983 complaint pursuant to the Supreme Court's Twombly formulation " that states ". . . this does not impose a plausibility requirement at the pleading : stage, but instead simply calls for enough facts to raise a reasonable expectation that discovery ; will reveal evidence of the necessary element" ? ’ , e * LISTOF PARTIES So Wall parties appear in the caption f:the case on the. cover page. |: «[ ] All parties do not appear in thé‘gaption of the case on the cover page. A list of : all parties ‘to the proceeding in the court whose judgment is the subject of this ; petition is as follows: =. |... ; ‘ , oo . .

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2019-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)
2019-07-23
Application (19A94) granted by Justice Alito extending the time to file until September 13, 2019.
2019-07-15
Application (19A94) to extend the time to file a petition for a writ of certiorari from July 15, 2019 to September 13, 2019, submitted to Justice Alito.

Attorneys

Alvin Washington
Alvin Washington — Petitioner