No. 19-8538

Jeffrey W. Smiles v. Berks County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2020-05-26
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: administrative-taking civil-rights constitutional-authority due-process eminent-domain property-rights standing stare-decisis takings
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Can a political subdivision take private property without due process?

Question Presented (from Petition)

QUESTIONS PRESENTED OF UTMOST IMPORTANCE 1. Cana political subdivision of a state, through its employees, . administratively take private property from the people they work for and give/sell that property to a third party without right of title and adequate evidence of statutory or Constitutional authority and without any form of Due Process of Law? 2. Cana political subdivision of a state, through its employees, administratively take property from the people they work for without “just compensation” being first offered or secured and provide unjust : enrichment to others? 3. Did the Court of Appeals err by converting Petitioner's Appeal into a ‘determination for an appeal' and then magically converting it back again into an Appeal for purposes of dismissing it? 4. Did the Court of Appeals err in invoking 28 U.S.C. § 1341 when this is not a tax case but a Civil Rights case and no “plain, speedy and efficient remedy” exists under the state law? 5. Can the political subdivision and lower courts ignore U.S. Supreme Court standing case precedent (stare decisis) REQUIRING Due process of law in all matters involving Life, Liberty and Property? ii

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-25
Reply of petitioner Smiles Jeffrey W. filed. (Distributed)
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-06-25
Brief of respondents Berks County, et al. in opposition filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 25, 2020)

Attorneys

Berks County, et al.
Andrew Bradley AdairDeasey, Mahoney & Valentini, Ltd., Respondent
Andrew Bradley AdairDeasey, Mahoney & Valentini, Ltd., Respondent
Smiles Jeffrey W.
Jeffrey W. Smiles — Petitioner
Jeffrey W. Smiles — Petitioner