No. 20-1288

Craig Geness v. Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-03-16
Status: Denied
Type: Paid
Tags: administrative-agency americans-with-disabilities-act civil-rights constitutional-violation constitutional-violations due-process sovereign-immunity statutory-interpretation statutory-violations third-circuit
Key Terms:
SocialSecurity DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2021-05-20
Question Presented (AI Summary)

Whether the Third Circuit erred in granting the collateral appeal of Defendant, Administrative Offices of Pennsylvania Courts (AOPC), where the record facts support a valid cause of action against AOPC, and where the Circuit's ruling grants sovereign immunity to AOPC, an agency of the Commonwealth, where the record evidence demonstrates that the statutory and constitutional violations suffered by the Petitioner were the direct result of the failure of AOPC to perform its duty to protect the Petitioner from those violations, which obligations were placed upon the Commonwealth, and therefore AOPC, by the United States Congress with the passage of the Americans with Disabilities Act (ADA)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Third Circuit erred in granting the collateral appeal of Defendant, Administrative Offices of Pennsylvania Courts (hereinafter “AOPC”), where the record facts support a valid cause of action against AOPC, and where the Circuit’s ruling grants sovereign immunity to AOPC, an agency of the Commonwealth, where the record evidence demonstrates that the statutory and constitutional violations suffered by the Petitioner were the direct result of the failure of AOPC to perform its duty to protect the Petitioner from those violations, which obligations were placed upon the Commonwealth, and therefore AOPC, by the United States Congress with the passage of the Americans with Disabilities Act (hereinafter “ADA”)?

Docket Entries

2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-04-15
Brief of respondent Commonwealth of Pennsylvania, Administrative Office of Pennsylvania Courts in opposition filed.
2021-03-12
Petition for a writ of certiorari filed. (Response due April 15, 2021)

Attorneys

Commonwealth of Pennsylvania, Administrative Office of Pennsylvania Courts
William Pietragallo IIPietragallo Gordon Alfano Bosick & Raspanti, LLP, Respondent
Craig Geness
Joel Stephen SansoneLaw Offices of Joel Sansone, Petitioner