No. 21-897

Brian Benson, et al. v. Ann Kemske, et vir

Lower Court: Eighth Circuit
Docketed: 2021-12-17
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights due-process equal-protection fourteenth-amendment pro-se-litigation res-judicata standing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether pro se litigants are entitled to liberal construction of pleadings

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether pro se litigants in civil cases in federal court are entitled under the due process clause , to have their pleadings liberally construed by the ; courts, and were denied by the District Court to Petitioners. ; 2. Whether it is reversable error when a Federal : , Judge dismisses a case in its entirety upon a motion . : to dismiss the entire complaint for res judicata that only applies to one count of the amended complaint ; for fraud and conversion, thereby denying due process oe and equal protection under the Fourteenth Amendment to be heard on the original action for a Declaratory . Judgment that was also included in the amended ; complaint. 3. Whether in an action in equity to quiet title to mineral acres in North Dakota that a subsequent res judicata argument applies to that equitable action , _ with the argument that fraud should have been raised . ; in the title action even though the North Dakota : statutes on quiet title actions specifically only allows money damages for improvements to property. Not ; any other counter claims or cross claims for monetary ; damages. : ; 4. Whether the abject failure of both the state and federal courts to provide due process to the : Bensons is a chilling example of the failure of the ' Judicial system to provide fundamental rights for all : pro se litigants across the country compelling the U.S. Supreme Court to address this national problem in the failing of the judiciary to provide due process and equal protection. : ii ;

Docket Entries

2022-02-22
Petition DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-12-06
Petition for a writ of certiorari filed. (Response due January 18, 2022)

Attorneys

Brian Benson, et al.
Brian Benson — Petitioner
Brian Benson — Petitioner