No. 22-5922

Andrew S. Andersen v. Jennifer Shaffer, Executive Director, California Board of Parole Hearings

Lower Court: Ninth Circuit
Docketed: 2022-10-26
Status: Denied
Type: IFP
IFP
Tags: beliefs-thoughts civil-rights due-process due-process-clause first-amendment free-speech government-benefit parole parole-regulations speech-suppression turner-test
Latest Conference: 2023-01-06
Question Presented (from Petition)

1) when a plaintiff alleges that he or She was denied a valuable governmental
benefit based on his or her beliefs and thoughts and that the receipt of
that benefit is conditioned on adopting, internalizing, and voicing government
approved ones , is he or she also required to additionally allege and prove that
suppression of speech is a motivating factor of the government to state a claim
upon which relief may be granted under the First Amendment,?

2) When the aim of a governmental practice is to inhibit and coerce belief and
thought, is not that the same as an aim to suppress speech?

3) Is a Turner v. safley, 482 U.S. 78 (1987) test, as is, appropriate for a
challenge of parole suitability determination regulations where the regulations
used to penalize, inhibit, and coerce parole candidate beliefs and thoughts; are
where day-to-day operation of a prison are not involved; and where there are
no institutional safety and security concerns?

4) Was an adverse ruling using the Turner test premature in this case before
plaintiff had an opportunity to fully develop the record and were the first and
second parts of the test correctly used?

5) Are parole suitability determination regulations allowed to be challenged
facially under the Due Process Clause?

6) is thf Turner test appropriate for a facial challenge of regulations under
the Due Process Clause?

7) Did the appellate court error by not permitting an opening Brief to be
filed on the ground that the questions raised were "too insubstantial"?

Question Presented (AI Summary)

When a plaintiff alleges denial of a governmental benefit based on beliefs/thoughts and the benefit is conditioned on adopting government-approved beliefs/thoughts, is he/she required to allege and prove suppression of speech is a motivating factor to state a First Amendment claim?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2022)
2022-09-20
Application (22A244) granted by Justice Kagan extending the time to file until October 19, 2022.
2022-09-13
Application (22A244) to extend the time to file a petition for a writ of certiorari from September 19, 2022 to October 19, 2022, submitted to Justice Kagan.

Attorneys

Andrew Andersen
Andrew Andersen — Petitioner