No. 19-7801

James Benjamin Barstad v. Washington Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arbitrary-and-capricious civil-rights constitutional-violation contract contract-breach due-process equal-protection inmate-rights punishment sandin-v-conner state-sanctions
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (AI Summary)

When does the repeated imposition of 'temporary' restrictions become unconstitutional?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) When STATE OF WASHINGTON repeatedly imposes sanctions back-to-back, i.e., when “temporary'' restrictions become perpetual through various schemes, is it equitable to then allow Sandin v. Conner to preclude any/all inmate claims? 2) Is pmishing inmates, who are acting -aecorrectly, for the misdeeds of other inmates equitable and in agreement with penological objectives, especially wnen said punishment is imposed in an arguably unconstitutional manner, i.e., racially, arbitrarily and capriciously? 3) Should STATE OF WASHINGTON be allowed to continue the use of a Policy that is not authorized by statute, especially when it is applied in an arguably unconstitutional manner? 4) What exactly is the minimum due process required when an inmate loses merely “privileges, the question left open by this Court in Baxter v. Palmigiano? 5) Did STATE OF WASHINGTON breach their Contract with the Plaintiff, JamesBenjamin; Barstad®, subjecting them to the damages set forth in said Contract?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
Waiver of right of respondent WA Department of Corrections, et al. to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

James B. Barstad
James Barstad — Petitioner
James Barstad — Petitioner
WA Department of Corrections, et al.
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent