No. 20-5138

Patricia A. McColm v. California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-07-23
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: ada ada-violation civil-rights constitutional-violation court-access court-services disability-rights due-process procedural-safeguards retaliation standing
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether imposition of a daily 15 minute time restriction on physical access to the court building and use of court services is a constitutional violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question One: Whether imposition of a daily 15 minute time restriction on physical access to the court building and use of court services is a constitutional violation; in particular, where the apparent PERMANENT restriction is imposed solely by a clerk; targeting a single person with disability, without due process under threat to comply or be taken to jail; knowing the restriction is intended to be a prejudicial interference with the individual’s exercise of rights. And thus, does such restriction further violate the ADA by use of an arbitrary barrier; to deny of court services by persons with disability generally and in retaliation for exercise of civil rights. Question Two: Whether the District Court erred and/or abused its discretion in use of 28 U.S.C. 1915 to dismiss an entire action as “duplicative” without a first leave to amend; in . particular, where a separate cause of action is stated and the factors for dismissal re “duplicative” are not present. Question Three: Whether the Ninth Circuit should be told that the appeal is sufficient to warrant further review; and thus, it is proper to vacate its Order (

Docket Entries

2020-10-05
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent State of California to respond filed.
2020-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)
2020-03-09
Application (19A994) granted by Justice Kagan extending the time to file until May 16, 2020.
2020-03-04
Application (19A994) to extend the time to file a petition for a writ of certiorari from March 17, 2020 to May 16, 2020, submitted to Justice Kagan.

Attorneys

Patricia A. McColm
Patricia A. McColm — Petitioner
Patricia A. McColm — Petitioner
State of California
Catherine WoodbridgeOffice of the Attorney General of California, Respondent
Catherine WoodbridgeOffice of the Attorney General of California, Respondent