No. 20-1217

Daniel Kristof Lak v. California, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-03
Status: Denied
Type: Paid
Response Waived
Tags: 11th-amendment 14th-Amendment civil-procedure civil-rights consent-to-suit federal-jurisdiction private-right-of-action social-security-act state-immunity title-iv-d
Key Terms:
SocialSecurity ERISA DueProcess FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Whether a state can be shielded from suit in federal court via 11th-Amendment-immunity

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a state can be shielded from suit in federal court via 11 Amendment immunity in actions brought pursuant to Title IV-D of the Social Security Act when (i) Congress has clearly abrogated state immunity, (ii) when Section 5 of the 14th Amendment limits the state’s immunity, (iii) when a private right of action arises under Title IV-D of the Social Security Act, (iv) the state has consented to suit, and (v) the state has voluntarily invoked the jurisdiction of the federal courts for suits brought under Title IV-D of the Social Security Act? 2. Whether a Plaintiff has complied with Rule 8 of the Federal Rules of Civil Procedure when Plaintiffs original complaint, although complex and voluminous, is otherwise presented in a simple and plausible manner?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-03-17
Waiver of right of respondent The County of Orange to respond filed.
2021-03-17
Waiver of right of respondents Orange County Department of Child Support Services, et al. to respond filed.
2021-02-16
Petition for a writ of certiorari filed. (Response due April 2, 2021)

Attorneys

Daniel Lak
Daniel Kristof Lak — Petitioner
Daniel Kristof Lak — Petitioner
The County of Orange
William L. HaluckKoeller, Nebeker, Carlson and Haluck, LLP, Respondent
William L. HaluckKoeller, Nebeker, Carlson and Haluck, LLP, Respondent