No. 21-329

Rosemary Garity v. Louis DeJoy, Postmaster General

Lower Court: Ninth Circuit
Docketed: 2021-09-01
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court civil-procedure civil-rights discrimination due-process fourteenth-amendment jury-trial make-whole-remedy pro-se sanctions standing summary-judgment
Key Terms:
Arbitration SocialSecurity ERISA DueProcess
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Did the Ninth Circuit err in upholding sanctions against pro se, denial of damages and right to a jury trial, when admitting not supported by the record, contrary to the Supreme Court and other Circuit Courts?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW The questions presented show conflict with Precedent of this Court and all Circuit Courts. The significant practical consequence is promotion of discrimination without remedy and encouragement of Courts to rule contrary to law. 1. Did the Ninth Circuit err in upholding sanctions against pro se, denial of damages and right to a jury trial, when admitting not supported by the record, contrary to the Supreme Court and other Circuit Courts? 2. Did the Ninth Circuit err, in contrast to all Circuit Courts and the Supreme Court, when subtracting a contract grievance settlement from the discrimination award and denying make whole remedy, including front pay/restoration, costs, expenses, promotion, benefits and back pay, for found discrimination? 3. Did the Ninth Circuit err in determining constructive discharge contrary to the undisputed record evidence and the Supreme Court and the other Circuit Courts? 4, Did the Ninth Circuit err in denying expert witness fees to pro se because not an attorney, with expert approved by the Judge? Is this contrary to Fourteenth Amendment, make whole remedy and in conflict with Circuit and Supreme Courts? 5. Did the Ninth Circuit err in upholding order requiring pencil documents in a legal proceeding without copy to petitioner contrary to law and legal practice? 6. Was the denial of recusal, when becoming part of the accusatory process and upon multiple declarations of appearance of bias, contrary to Supreme Court and -law?———_...¥_»/ ii 7. Did the Ninth Circuit err in upholding summary judgment, while prima facie, pretext, disputed material facts and credibility issues all evidenced, against all Circuit Court and Supreme Court law? Is summary judgment eliminating meritorious claims? 8. Did the Ninth Circuit err in “But For” ruling contrary to the Rehab Act and Supreme Court precedent? 9. Is denial of representation by EEOC and DOJ, solely to Federal employees, against the Constitution and is the DOJ action in representing the Agency and coworkers, without providing representation to petitioner, contrary to the law and DOJ regulations? 10. Is the denial of Punitive Damages against the government contrary to the Fourteenth Amendment of the Constitution and is it promoting discrimination? 11. Did the Ninth Circuit err in the treatment of a pro se and discrimination claims, as outlined in all the questions, contrary to this Court and all Circuit Courts? 12. Did the Ninth Circuit err in refusing to address critical trial errors, contrary to precedent, affecting outcome? 18. Did the Ninth Circuit err in refusing to address denied Race Claim, when evidenced, contrary to Supreme Court and Circuit Court established law?

Docket Entries

2021-10-18
Petition DENIED.
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-22
Waiver of right of respondent DeJoy, Louis to respond filed.
2021-08-17
Petition for a writ of certiorari filed. (Response due October 1, 2021)

Attorneys

DeJoy, Louis
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Rosemary Garity
Rosemary Garity — Petitioner
Rosemary Garity — Petitioner