No. 20-85

Shirley Dimps v. Taconic Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2020-07-28
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 7th-amendment administrative-exhaustion civil-procedure civil-rights constitutional-rights due-process jury-trial sovereign-immunity standing
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether petitioner was denied the right to a jury trial, procedural due process, and the opportunity to call witnesses

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . 1. The District Court did not allow petitioner to have a trial by jury why not? Petitioner paid the fee to file the complaint and indicated on the complaint “trial by jury.” 2. Petitioner was not provided with the procedural due process of the law by by the District Court why not? 3. The district court did not give petitioner the opportunity to be able to call witnesses. Why not? : 4, Why did Judge Roman deny petitioner an attorney when requested? This case is complex. The district court was asked more than once. 5. The District Court violated petitioner U.S. Constitutional rights . which were for the First, Fifth, Seventh and Fourteenth which is not limited to. Why did this happen? 6. The district court should have known that petitioner employers had i violated petitioner U. S. Constitutional rights. The district court should not have dismissed this case without the due process of : the law, so that, the U.S. Court of Appeals wrongfully affirm the lower ; court ruling. Is this true? : 7, District Court as well as the Court of Appeals should know that Congress can abrogate state sovereign immunity in connection to its power to enforce the Fourteenth Amendment due to discrimination. Petitioner case should not have been dismissed by both Courts due to | sovereign immunity without having a trial. Why was this case dismissing by the Courts? 8, Petitioner petition for rehearing was denied and no explanation was given by the court only stamped mandate on the prior Summary Order with no current instruction in the letter dated 4/27/2020. What was the explanation for this? : 9. Why did the district court as well as the court of appeals mis leaded petitioner about the exhaustion of administrative remedies when ii the Supreme Court had made an opinion on this by Justice Ruth Bader Ginsburg in the VERDICT which indicated that EEOC “right to sue letter which is evidence that the administrative exhaustion require was done, so that, it was need for petitioner to demonstrate the exhaustion requirement. Why did the Court of Appeals place petitioner case in , jeopardy with this exhaustion requirement? 10. Petitioner would like to know why the District Court and Court of : Appeals are trying to sabotage this case? : 11. Why did Judge Roman aided and/or /helped the Attorney General’s : Office/Respondents in this case? Judge Roman instructed the ; exhaustion of administrative remedies to the State respondents. : 12. Why did Judge Roman/district court dismissed petitioner Default Judgement against the Department of Civil Service when they were not complying with the law? 14. Petitioner was denied justice in the U.S. District Court -Southern District Court of New York nor did the U.S. Court of Appeals provided Petitioner with U. S. Constitutional rights. It seems to be to must incompetency and corruption to do so in the Courts? Why? 15. Petitioner had indicated in the pleading to the District Court that Taconic C. F.DOCCS violated petitioner Fourth Amendment for which petitioner had filed a grievance which was not responded to by Resp. The incident current March 28, 2018. The Office of Special Investigation (DOCCS) used dogs to search state workers without any advance notice. DOCCS failed and neglected to follow it . Directive 4936. CSEA, Inc/CSEA was informed but did nothing. A few co-workers (civilian and Correction Officers were suspended and fined because of this.) 16. Petitioner is a member of the protective dassigtoup and CSEA, Inc. CSEA allowed the state respondents to violate petitioner civil . rights under the Constitution and did nothing. CSEA condoned the discriminatory practices and actions of Taconic/DOCCS. Petitioner should have been provided with a hearing and documents, so that, iv petitioner would have been in the position to prove this case. 17. Petitioner filed an improper practice charges against CSEA, Inc.CSEA ; and Taconic C.F./DOCCS for which PERB failed/neglected to properly process petiti

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-26
Waiver of right of respondent Taconic Correctional Facility, et al. to respond filed.
2020-08-18
Waiver of right of respondent Civil Service Employees Association, Inc. (CSEA) to respond filed.
2020-07-21
Petition for a writ of certiorari filed. (Response due August 27, 2020)

Attorneys

Civil Service Employees Association, Inc. (CSEA)
Leslie C. PerrinCivil Service Employees Association (Legal Department), Respondent
Leslie C. PerrinCivil Service Employees Association (Legal Department), Respondent
Shirley Dimps
Shirley Dimps — Petitioner
Shirley Dimps — Petitioner
Taconic Correctional Facility, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent