No. 21-963

Neil McNaughton v. Eric Adams, Mayor of the City of New York, et al.

Lower Court: Second Circuit
Docketed: 2022-01-04
Status: Denied
Type: Paid
Tags: civil-rights due-process erickson-precedent federal-courts federal-procedure judicial-accountability judicial-reasoning pleadings pro-se-pleading standing twombly twombly-plausibility
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Does the persistent misapplication of the Twombly plausibility test by Federal judges invariably lead to a violation of this Court's mandate in Erickson v. Pardus regarding the proper judicial treatment of well pleaded factual allegations?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ‘ ; ., This is petitioner’s attempt to address through le=" += * galaction persistent harassment by the New York City Police Department (“NYPD”) and others that was started in response to false allegations made to the police by petitioner’s mentally ill sister, now deceased, and that has been occurring in New York City since the summer of 2011. As is set forth more fully below, this is petitioner’s second such attempt. These are the questions presented in this petition: 1. As demonstrated by the rulings of the district court and the circuit court in this action and in a prior related action, does the persistent misapplication of the Twombly plausibility test by Federal judges invariably lead to a violation of this Court’s mandate in Erickson v. Pardus regarding the proper judicial treatment of well pleaded factual allegations? 2. Does the repeated failure of the presiding judges herein and in a prior related action to accurately describe the factual predicates and claims contained in the pro se petitioner’s complaint constitute an issue that needs to be specifically addressed by this Court? 3. Should the use of memorandum opinions and summary orders by members of the Federal judiciary be sharply curtailed because of its tendency to promote and sanitize irrational reasoning and shoddy jurisprudence, and in furtherance thereof should this Court issue clear guidelines regarding the appropriate employment of these widespread violations of judicial accountability?

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2021-12-28
Petition for a writ of certiorari filed. (Response due February 3, 2022)

Attorneys

Neil McNaughton
Neil McNaughton — Petitioner