Elise LaMartina v. Jason Patrick Johnson, et al.
DueProcess
Whether the State of Mississippi may unconstitutionally discriminate against interstate commerce to shield and protect its citizens and businesses from civil liability for torts and crimes perpetrated in other states by denying due process, equal protection of the law, and privileges and immunities enjoyed by Mississippi citizens to indigent, disabled, non-citizen litigants
QUESTION PRESENTED Petitioner is a disabled resident of Louisiana. In December 2018, Defendant, a Mississippi resident, visited Petitioner at her Louisiana home. While she was bedridden, recovering from surgery, and unable to monitor his whereabouts, the Defendant robbed your Petitioner and fled to Mississippi. Defendant and his also a Mississippi resident, stored Petitioner's stolen property at their family-owned storage facility. Because the storage facility is incorporated in Mississippi, Petitioner was forced to file a civil action, in forma pauperis, in the only court of competent jurisdiction and venue, Mississippi's Hancock County Court. Her suit was assigned to Judge Trent Favre. Without disclosing the court's, or its wife's, relationship to the Defendants, Favre labored to shield these Mississippi citizens from liability. Against all law and evidence, Favre, sua sponte, violated black letter law and dismissed Petitioner's claims with prejudice. Petitioner promptly appealed this sua sponte dismissal of her | suit and, simultaneously moved to proceed in forma pauperis. | Citing Miss. Code Ann. §11 -53-17, the appellate court dismissed your Petitioner's case holding that litigants who are not “citizens” of the State of Mississippi, even those who are both indigent and disabled, are not allowed to proceed in forma pauperis on appeal or at any stage of litigation. Likewise, the Mississippi Supreme Court denied Petitioner's motion to proceed in forma pauperis and dismissed Petitioner's case for failure to prepay the costs of her appeal. The question presented is: | Whether the State of Mississippi may unconstitutionally discriminate against | interstate commerce to shield and protect its citizens and businesses from civil liability for | torts and crimes perpetrated in other states by denying due process, equal protection of the law, and privileges and immunities enjoyed by Mississippi citizens to indigent, disabled, non-citizen litigants. | ii | |! PARTIES TO THIS PROCEEDING Elise LaMartina, pro se Jason P. Johnson Counsel for Jason Johnson: Clement S. Benvenutti, Esq. Charles H. Johnson, Jr. Counsel for Charles Johnson: Christopher Smith, Esq. , Universal Storage, Inc. Counsel for Universal Storage, Inc.: Christopher Smith, Esq. | Adam Harris, Esq.