No. 20-5756

Chen Xu v. City of New York, New York

Lower Court: Second Circuit
Docketed: 2020-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 administrative-abuse child-abuse child-custody civil-rights constitutional-rights criminal-court due-process family-court substantive-rights
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the Second Circuit should have finished certain assigned court proceedings to protect the due process rights and substantive rights of the petitioner and the public interest

Question Presented (OCR Extract)

QUESTIONS PRESENTED After a diagnosis and an assigned test in Weill Cornell hospital, : petitioner Chen Xu’s eight years old son urinate blood for two weeks. The : hospital then false imprisonment Chen Xu’s family in the hospital room along with New York City Administration for Children’s Service (“ACS ’ New York”) for three days and reported to Family Court New York, the hospital found “an abandoned child, nationality unknown, parent unknown”. With a blank court order, ACS New York took away HX with only a text to Chen Xu “I have your son”. HX being false imprisonment in foster care since then, to avoid Chen Xu found him, the agency changed his name in : the system. To punish Chen Xu’s lawsuit in Federal Court, the agency injected HX repeatedly vaccines and extracted three of HX’s well molar teeth. The agency written threatened Chen Xu to be “very careful from being arrested to miss your son’s court date”. Chen Xu got arrested for three times with no reason and evidence. The lawsuits in state courts harass Chen Xu to prevent the suing rights being fulfilled and prevent the family reunion. The District Court for the Southern District of New York dismissed the case pursuant Younger v. Harris, 401 U.S. 37 (1971), the Second Circuit affirmed the dismissal pursuant Pillay v. INS, 45 F.3d 14,17(2d Cir.1995), and denied mandamus petition pursuant Cheney v. U.S. Dist. Ct. for D.C.,542 U.S. 367, 380-81(2004). . The questions presented are: 1.0n Feb 27,2020, when ACS New York’s agency extracted HX’s molar teeth as punishment, the Second Circuit dismissed the case without ~ evaluate the case and without finish the arranged court proceeding. When the new child abuse issue happened, should Court of Appeals for the . Second Circuit finished certain assigned court proceedings to protect the due process rights and substantive rights of the petitioner and the public ; interest? 2.The New York City Administration Children’s Service (ACS New York), hold petitioner’s child as hostage, abuse Family Court and criminal court proceeding as method to prevent petitioner fulfill Constitutional rights, whether Younger v. Harris, 401 U.S. 37 (1971) should be revisited? 3.When the child’s custody was temporary moved to state and the child being mistreated in foster care, no governmental remedy available, can : birth parent sue on behalf of the child to help the child get remedy? ; 4.Whether Chen Xu should get remedy pursuant 42 U.S.C. § 1983?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-22
Waiver of right of respondent City of New York, et al. to respond filed.
2020-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

Chen Xu
Chen Xu — Petitioner
City of New York, et al.
MacKenzie FillowCorporation Counsel's Office, Respondent