No. 21-1371

Patricia Morrison v. Quest Diagnostics Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-22
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedures administrative-procedures-act civil-rights dna-act dna-evidence due-process exclusionary-rule fourth-amendment hiv-testing innocence-protection-act
Key Terms:
ERISA DueProcess CriminalProcedure
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether a petitioner from an estate may seek access to HIV/DNA testing on newly discovered, preserved, biological exculpatory evidence belonging to a decedent in a civil case, and under what time limit circumstances

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; For two years, Petitioner has sought access to , HIV/DNA testing on newly discovered biological evidence, that could prove TOMMY “THE DUKE” MORRISON, aka TOMMY GUNN from ROCKY V, was ) innocent on February 10, 1996 of having “HIV”. The February 10, 1996, “HIV” test is the injury traceable to the immediate cancellation of the boxing fight that night, indefinite, worldwide, medical suspension from boxing, and cancellation of a fight contract to fight Mike Tyson, and $110 million dollars ; in damages in this case. The 1996 Nevada Legisla| ture’s boxing license regulation (NAC 467.027) re, quired Legislative approval to enforce HIV testing. It was not until August 07, 1997, HIV testing was proposed, later adopted by the Legislature, and effective for the first time on December 02, 1997 (NAC 467.027 section (3)(b)). In 2012 and 2013 TOMMY was repeat, edly tested for AIDS by various physicians and laboratories, including HIV specialists, using different HIV testing methods-all of which confirmed negative re, sults for any AIDS diseases. TOMMY died September : 01, 2013, his September 17, 2013 postmortem pathology report “Final Diagnosis” lists: “No viral particles seen. No viral particles were found. No retroviral budding is present. No pre| ’ sent. No viral particles were seen.” The 3 Questions Presented are: (1) May a Petitioner from an Estate seek access to HIV/DNA testing on newly discovered, preserved, biological exculpatory evidence, belonging to decedent | | | ii QUESTIONS PRESENTED -— Continued in a civil case — and, if so, under what time limit circumstances? : (2) Whether the courts’ orders conform to the requirements at the time the injury took place: NAC 467.027 (1996); Fourth Amendment; the Administrative Procedures Act NAC 238B.010; 45 CFR §164.506(2)(i); and during this case, under Due Process Clause; Nevada Constitution Art. 1, §10, cl.1 and Art.1, 89, cl.8; NRS 48.015; NRS 48.075; DNA Act 18 USC §38600(B)Gi); Innocence Protection Act Title 1. (3) Whether under the Exclusionary Rule, evidence collected or analyzed from an unlawful search and seizure of blood cannot be used in a civil case ; against the victim of illegal search and seizure.

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-07-14
Petition for Rehearing filed.
2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-03
Reply of petitioner Patricia Morrison filed. (Distributed)
2022-05-23
Brief of respondents Quest Diagnostics Inc. and John Hiatt in opposition filed.
2022-04-28
Waiver of right of respondents Nevada State Athletic Commission, Dr. Margaret Goodman, and Marc Ratner to respond filed.
2022-04-20
Petition for a writ of certiorari filed. (Response due May 23, 2022)

Attorneys

Nevada State Athletic Commission, Dr. Margaret Goodman, and Marc Ratner
Michelle D. BriggsNevada Attorney General, Respondent
Michelle D. BriggsNevada Attorney General, Respondent
Patricia Morrison
Patricia Morrison — Petitioner
Patricia Morrison — Petitioner
Quest Diagnostics Inc. and John Hiatt
Delores Faye CaldwellCaldwell Everson PLLC, Respondent
Delores Faye CaldwellCaldwell Everson PLLC, Respondent