No. 20-13

Brandon S. Lavergne v. Burl Cain, Warden, et al.

Lower Court: Fifth Circuit
Docketed: 2020-07-13
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-procedure civil-rights constitutional-rights disciplinary-action due-process equal-protection first-amendment free-speech legal-correspondence prisoner-mail qualified-immunity standing
Key Terms:
Immigration
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause

Question Presented (OCR Extract)

No question identified. : QUESTION(S} PRESENTED 1. Did the state actors Paul Smith, Amber Vittorio and Michael Vaughn violate my se 6 and 14% Amendment rights by finding me guilty of a rule violation for having a defendant served with Legal Mail for a lawsuit? 2, Did N. Bur! Cain violate my 5” 6" and 14" amendments rights when he refused to answer the disciplinary appeal for the legal math service? 3. Can a person use a prison negative mail list to both retaliate against a prisoner for a lawsuit and to avoid being served for that same lawsuit? , 4, Are blanket out going mail blocks legal? , 5. Do I have a greater right te correspondence while in solitary confinement? : 6. Can a federal district court evaluate facts and evidence during summary judgment? 7. Ha state actor lies in disciplinary reports and steals federal mail can he be granted qualified immunity? 8.-Is there a financial penalty for a dismissed disciplinary sentence if it was already served, before the report was dismissed?

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-10-14
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Burl Cain to respond filed.
2020-01-08
Petition for a writ of certiorari filed. (Response due August 12, 2020)

Attorneys

Brandon Lavergne
Brandon Scott Lavergne — Petitioner
Brandon Scott Lavergne — Petitioner
Burl Cain
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent