No. 20-6649

El Aemer El Mujaddid v. Andrew Brewer, et al.

Lower Court: Third Circuit
Docketed: 2020-12-17
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: abuse-of-process civil-procedure civil-rights constitutional-rights damages damages-remedy due-process state-actors statute-of-limitations subpoena subpoena-abuse
Key Terms:
SocialSecurity ERISA DueProcess
Latest Conference: 2021-03-26 (distributed 2 times)
Question Presented (AI Summary)

Does 42 U.S.C. § 1983 and 18 U.S.C. § 1595 create a damages remedy against state actors for abuse of invalid subpoena?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Does both 42 U. S. C. § 1983 and 18 U.S.C. § 1595 create a damages remedy against state actors for issuing, enforcing, adopting, aiding or abetting the abuse of an invalid subpoena to testify [86 #3] [App.16], served on an accused party, after expiration of a 30-day statute of limitations for service of a motor vehicle summons? I. Did the lower Courts err or abuse their discretion in determining that petitioner's complaint [36 #9] and exhibits [36 #3-7] attached failed to state a claim for relief? Ill. Does an individual’s Fourth Amendment right to be free from unreasonable search and seizure, Fifth Amendment right to not be compelled to testify against himself, Thirteenth Amendment right to be free from forced labor and Fourteenth Amendment right to procedural and substantive Due Process continue . through the legal process of a state municipal-quasi criminal case? IV. Whether in an action for abuse of process, the injured person has a remedy against _ anyone who intentionally procures, participate in, aid, or abet, advises, or consents . to, adopts or ratifies the abusive act? V. Whether the Federal Rules of Evidence required admission of the invalid Subpoena to Testify [36 #3]? ii

Docket Entries

2021-03-29
Rehearing DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-04
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Reply of petitioner El Aemer El Mujaddid filed. (Distributed)
2021-01-14
Brief of respondents Andrew Brewer, et al. in opposition filed.
2020-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)

Attorneys

Andrew Brewer, et al.
John Charles GillespieParker McCay P.A., Respondent
El Aemer El Mujaddid
El Aemer El Mujaddid — Petitioner