No. 21-49

James Tolle v. Rockwell Collins Control Technologies, Inc., dba Rockwell Collins, Inc., dba United Technologies Corporation, et al.

Lower Court: Fourth Circuit
Docketed: 2021-07-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process factual-allegations free-speech judicial-review pleading-standards presumption-of-truth rule-12(b)(6) rule-12b6 standing summary-dismissal
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the District Court err in its Rule 12(b)(6) analysis and dismissal of the complaint?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Without any indication from the District Court’s Opinion that it found a defect in Piaintiff’s pleadings or factual allegations of his Complaint, the District Court failed to follow the pleading standards required by this Court, including multiple instances of ignoring or refusing to provide a presumption of truth to Plaintiffs multiple, detailed factual allegations and related references to evidence from public sources which support Plaintiff’s claims. The ‘ defiance of the lower court to respect this Court’s precedents and follow the pleading standards of this Court, which was affirmed by the Appellate Court without comment, raises the following questions concerning the District Court’s Rule 12(b)(6) analysis and dismissal. a) Did the District Court err in finding, without explanation, that “there is no indication that the Gay Pride flag is associated with such animus” (Memorandum Opinion,

Docket Entries

2021-10-04
Petition DENIED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-22
Waiver of right of respondent Rockwell Collins Control Technologies, et al. to respond filed.
2021-07-12
Petition for a writ of certiorari filed. (Response due August 13, 2021)

Attorneys

James Tolle
James Tolle — Petitioner
James Tolle — Petitioner
Rockwell Collins Control Technologies, et al.
Erin McPhail WettySeyfarth Shaw L.L.P, Respondent
Erin McPhail WettySeyfarth Shaw L.L.P, Respondent