No. 21-6947

Rayshawn J. Christmas, aka Rayshaun J. Christmas v. Jeff Jackson, et al.

Lower Court: Fifth Circuit
Docketed: 2022-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process federal-law fifth-circuit jurisdiction mandamus qualified-immunity sovereign-immunity standing
Key Terms:
DueProcess
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Did the Fifth Circuit Court of Appeals err in denying the appellants writ of mandamus

Question Presented (from Petition)

ESTION PRESENTE DSS 1) Did the Fifth Circuit Court of Appeals err in denying the appellants writ of mandamus. 2) Did the Fiith Circuit Court of Appeals err in dismissing appellants complaint (appeal) via lack of jurisdiction 3) Did the Fifth Circuit Court of Appeals have jurisdiction to respond to the United States District Court for the Western District of Louisiana case U.S.D.C. No # 5:19-CV-00629 in its legal form. 4) The defendants allegation qualified immunity they can not get that, Eleventh Amendment immunity does not cover Louisiana parishes, sheriffs or district attorneys. 5) This mean you can sue these individual under Federal law if other requirements are met and their actions do not fall under types of immunity. 6) A state employee may be sued in one of two capacities. If you sue a state employee in her or his official capacity they may raise the defense of sovereign immunity or qualified immunity. 7) So long as this defense has not been waived by a statue. If you sue a state employee in their individual capacity 8) So they cannot be able to claim qualified immunity as defense see Rec. DOC #1 § 18, 54, 57 so their claim is moot and their argument is frivolous, “malicious,” does not state a claim with immunity... : 7

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-09
Waiver of right of respondent Jeff Jackson, et al. to respond filed.
2022-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2022)

Attorneys

Jeff Jackson, et al.
Andre' Charles CastaingLA Dept. of Justice, Respondent
Andre' Charles CastaingLA Dept. of Justice, Respondent
Rayshawn J. Christmas
Rayshawn J. Christmas — Petitioner
Rayshawn J. Christmas — Petitioner