No. 20-7054

Paul E. Weber v. Amy Arnott Quinlan, et al.

Lower Court: Third Circuit
Docketed: 2021-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-U.S.C-§1983 civil-rights constitutional-rights due-process fair-trial habeas-corpus judicial-review post-conviction-relief postconviction-remedy section-1983 state-action
Key Terms:
AdministrativeLaw SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Is the refusal of state officials to afford a defendant existing postconviction remedies actionable under 42-U.S.C-§1983?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Is the refusal of state officials to afford a defendant existing postconviction remedies actionable under 42 U.S.C. §1983? Is 42 U.S.C. §1983 the proper remedy to challenge state officials who deprive a criminal defendant any mechanism whatsoever, including an appellate process, postconviction remedy, or collateral process, to challenge a constitutionally infirm conviction? If the answer to the aforementioned question is “no,” what is the proper procedure for a criminal defendant to seek redress for the denial of his constitutional rights to due process and a fair trial where the state authority refuses to implement any remedy for review? RELATED COURT PROCEEDINGS 1. US. District Court for the District of Delaware Weber v. Quinlan, et al. Civ. A. No. 18-637-LPS Opinion and Order June 11, 2018 2. US. District Court for the District of Delaware Weber v. Quinlan, et al. Civ. A. No. 18-637-LPS Opinion and Order July 11, 2018 3. US. District Court for the District of Delaware Weber v. Quinlan, et al. Civ. A. No. 18-637-LPS Opinion and Order July 24, 2018 4. Third Circuit Court of Appeals Weber v. Quinlan, et al. No. 18-2559 Opinion and Order March 12, 2019 & November 8, 2019 5. Third Circuit Court of Appeals Weber v. Quinlan, et al. No. 18-2559 Opinion and Order _ October 13, 2020

Docket Entries

2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-09
Waiver of right of respondent Amy Arnott Quinlan, et al. to respond filed.
2021-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Amy Arnott Quinlan, et al.
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent
Paul E. Weber
Paul E. Weber — Petitioner
Paul E. Weber — Petitioner