No. 21-5469

Ziahonna Teagan v. City of McDonough, Georgia

Lower Court: Eleventh Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-violation due-process heck-doctrine judicial-authority judicial-power municipal-liability policy-practice-procedure-custom section-1983 state-law state-law-offense
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2022-01-14 (distributed 2 times)
Question Presented (AI Summary)

Can a Georgia Municipality be held liable for an official, agent, or entity actions that makes a deliberate choice to follow an internal official policy, practice, procedure, and or custom while exercising its judicial power under Georgia Law to adjudicate a State-Law Offense?

Question Presented (from Petition)

QUESTION(S) PRESENTED : 1. Cana Georgia Municipality be held liable for an official, agent, or entity actions that makes a deliberate choice to follow an internal official policy, practice, procedure, and or custom while exercising its judicial power under Georgia Law to adjudicate a State -Law Offense? ’ 2. Does a Municipal Court Judge act on behalf of a municipality when he or she exercises judicial authority with respect to it’s local internal official policy, practice, procedure, and or customs? 3. Cana Municipality’s City be held liable for claims of 42 U.S.C. § 1983, due to an unconstitutional practice by its Municipal Court and agents acting on limited State authority through an Undenied policy or Custom that is both prohibited by the State Law and the United States Constitution to secure funds owed to the State post conviction and sentencing? -4. Can the State of Georgia Barr §1983 claims by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) by denying the existence of a cause ’ of action until the criminal proceedings have terminated in the favor of the Plaintiff who is no longer in custody and or the conviction or sentence has not been invalidated barring without first addressing the applicability of Heck? 5. Does’a post-conviction claim(s) not over turned based on unconstitutional violation(s) of federal claims under 42 U.S.C. § 1983 for violations of Fourth, Sixth, and Fourteenth Amendment rights, bar claims under Heck v. Humphrey 512 US. 477, 114 S. Ct. 2364 (1994) that were caused after conviction and sentnecing : of the initial charge which gives rise for claims under 42 U.S.C. § 1983?

Docket Entries

2022-01-18
Rehearing DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-11-24
Petition for Rehearing filed.
2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2021)

Attorneys

City of McDonough, Georgia
Harvey S. GrayGray Rust St. Amand Moffett Brieske, Respondent
Harvey S. GrayGray Rust St. Amand Moffett Brieske, Respondent
Ziahonna Teagan
Ziahonna Teagan — Petitioner
Ziahonna Teagan — Petitioner