No. 21-710

Valerie Jackson v. Lupe Valdez, et al.

Lower Court: Fifth Circuit
Docketed: 2021-11-15
Status: Denied
Type: Paid
Tags: 28-usc-144 28-usc-455 appellate-jurisdiction civil-procedure civil-rights court-procedure due-process judicial-impartiality judicial-recusal standing statutory-interpretation
Key Terms:
DueProcess Privacy
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether a district court may disregard this Court's precedent and the plain language of 28 U.S.C. § 144, review and rebut the merits of an affidavit submitted in support of a motion to recuse, and refuse to recuse

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a district court may disregard this Court’s precedent and the plain language of 28 U.S.C. § 144, review and rebut the merits of an affidavit submitted in support of a motion to recuse, and refuse to recuse. Whether, in a case addressing the violation of an individual’s civil rights, a presiding judge’s impartiality might reasonably be questioned under 28 U.S.C. § 455 when the judge has previously advocated against the civil rights of the entire class of citizens of which the individual is a member. Whether a Circuit Court of Appeals may issue a Substituted Opinion in a case after the mandate should have issued in relation to its Original Opinion and after its jurisdiction has terminated.

Docket Entries

2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-28
Reply of petitioner Valerie Jackson filed. (Distributed)
2021-12-15
Brief of respondents Lupe Valdez, et al. in opposition filed.
2021-11-10
Petition for a writ of certiorari filed. (Response due December 15, 2021)

Attorneys

Lupe Valdez, et al.
Chong-hui ChoeDallas County District Attorney's Office-Civil Division, Respondent
Chong-hui ChoeDallas County District Attorney's Office-Civil Division, Respondent
Valerie Jackson
Sean Reed CoxLaw Offices of Sean R. Cox, Petitioner
Sean Reed CoxLaw Offices of Sean R. Cox, Petitioner