No. 20-945

Samuel T. Russell v. Texas

Lower Court: Fifth Circuit
Docketed: 2021-01-13
Status: Denied
Type: Paid
Tags: 11th-amendment bill-of-rights constitutional-interpretation due-process eleventh-amendment federal-jurisdiction jury-trial right-to-petition search-and-seizure sovereign-immunity
Key Terms:
DueProcess Privacy
Latest Conference: 2021-03-19
Question Presented (AI Summary)

When the United States Court of Appeals for the Fifth Circuit said they reviewed 'an Eleventh Amendment immunity determination de novo,' did they fail the Spirit of the Framers' written intent when the 11th Amendment plainly reads that States cannot be sued by '(1) Citizens of another State, or by (2) Citizens or (3) Subjects of any Foreign State;'

Question Presented (OCR Extract)

QUESTION PRESENTED This petition presents the following question: When the United States Court of Appeals for the Fifth Circuit (“Court’) said they reviewed “an Eleventh Amendment immunity determination de novo,” did not they fail the Spirit of the Framers’ written intent when the 11th Amendment plainly reads that States cannot be sued by “(1) Citizens of another State, or by (2) Citizens or (3) Subjects of any Foreign State;” was the Court not applying this oversight to Rules of law that discredit Bill of Rights Amendment 1, which says “Congress shall make no law ... abridging ... the right of the people ... to petition the Government for a redress of grievances,” Amendment 4, which says “The right of the people ...against unreasonable searches and seizures, shall not be violated,” Amendment 5, which says “No person shall be held ... without due process of law,” Amendment 7, which says “In Suits at common law, ... the right of trial by jury shall be preserved,” Amendment 9, which says “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” and Amendment 10, which says “The powers not delegated to the United States by the Constitution ... are reserved ... to the people;” as well as rejecting the case history ; rulings in Apodaca v. Oregon, 406 U.S. 404 (1972), Ramos v. Louisiana, 590 U.S. * 2020), Hernandez v. Texas, 847 U.S. 476 (1954), and Taylor v. Illinois, 484 U.S. 400; for where is it written that “Federal court jurisdiction is limited by the 11‘ ci Amendment and the principle of sovereign immunity it embodies (as written by the Court);” whereas, the Eleventh Amendment does not include a fourth 4t variable saying that a citizen suing his own State is barred by State sovereign immunity: thus, where does the 11 Amendment bar an individual from suing its own state as were not the GOD-led Framers of the 11 Amendment crystal clear when they plainly told the future Courts that States cannot be sued by “(1) Citizens of another State, or by (2) Citizens or (3) Subjects of any Foreign State,” as well as clearly and validly abrogated the state’s sovereign immunity only applies to “ (1) Citizens of another State, or by (2) Citizens or (3) Subjects of any Foreign State?”

Docket Entries

2021-03-22
Petition DENIED.
2021-02-24
DISTRIBUTED for Conference of 3/19/2021.
2021-01-04
Petition for a writ of certiorari filed. (Response due February 12, 2021)

Attorneys

Samuel T. Russell
Samuel T. Russell — Petitioner