No. 21-8249

Sammy L. Page v. Audrey King, Acting Executive Director, California Department of Mental Health

Lower Court: Ninth Circuit
Docketed: 2022-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2254 circuit-court due-process habeas-corpus party-presentation pretrial-detention statutory-interpretation
Key Terms:
SocialSecurity DueProcess FourthAmendment HabeasCorpus CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Does a circuit court abuse its discretion and violate the party-presentation principle by adjudicating a habeas-corpus-petition under 28-usc-2254 when the petition was brought under 28-usc-2241 to challenge a pretrial-detention

Question Presented (OCR Extract)

QUESTIONS PRESENTED |. Does a circuit court abuse its discretion and violate the principle of party presentation by adjudicating a habeas corpus petition under § 28 U.S.C. 2254, when the petition was brought under § 28 U.S.C. 2241 to challenge a pretrial detention? ll. Does a circuit conflict exist as to whether a due process claim is proper to seek injunctive relief from an allegedly wrongful pretrial detention in State SVP proceedings, under Kansas v. Hendricks and Boumedienne v. Bush, even though Manuel v. City of Joliet, 137 S. Ct. 911, 919, 197 L. Ed. 2d 312 (2017), a civil rights case, required a claim concerning pretrial detention to be raised under the Fourth Amendment? Or must Manuel v. City of Joliet be limited to its own procedural posture, which entailed accrual questions applicable to 42 U.S.C. § 1983 cases, and not extended to a petition for injunctive relief brought under 28 U.S.C. § 2241?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Waiver of right of respondent Audrey King to respond filed.
2022-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2022)
2022-04-18
Application (21A614) granted by Justice Kagan extending the time to file until June 23, 2022.
2022-04-11
Application (21A614) to extend the time to file a petition for a writ of certiorari from April 24, 2022 to June 23, 2022, submitted to Justice Kagan.

Attorneys

Audrey King
Max Feinstat — Respondent
Sammy L. Page
Meredith FahnMeredith Fahn, Attorney at Law, Petitioner