No. 21-5667

David Lockmiller v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2021-09-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion ashcroft-v-iqbal civil-rights constitutional-rights contingency-fee due-process federal-tort-claims-act first-amendment free-speech government-redress petition-clause
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-01-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the Federal Tort Claims Act's limitation on contingency fees violates the First Amendment right to petition the government

Question Presented (OCR Extract)

Questions Presented to the Justices of the United States Supreme Court : First Question: Given the fact that the Constitution of the United States, Amendment f reads in pertinent ‘ part that “Congress shall make no law . . . abridging . . . the right of the people . . . to petition the Government for redress of grievances,” what gives Congress the authority to legislatively interfere and prohibitively limit, by provisions of Federal Tort Claims Act (FTCA) § 2678, any and every citizen’s right to freely negotiate a contingency fee arrangement with an attorney of plaintiff's choice in a FTCA lawsuit? : ! . | | Second Question: In strict compliance with the U. S. Supreme Court precedent in Ashcroft v. Iqbal, 556 | U.S. 662, 678-679 (2009), was it not an abuse of discretion for the federal Ninth Circuit Court of Appeals | to refuse to consider newly found and specifically relevant dispositive evidence completely discrediting the invalid syllogism of fact and law created by the Magistrate Judge in the Screening Order which led ; directly to the unjust dismissal of Petitioner's legitimate FTCA lawsuit? ; | | i | | | Page Questions Presented of Table Of

Docket Entries

2022-01-24
Rehearing DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-07
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-15
Waiver of right of respondent United States, et al. to respond filed.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

David Lockmiller
David Lockmiller — Petitioner
David Lockmiller — Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent