No. 22-6284

Bryan M. Espinoza v. Federal Bureau of Investigation, et al.

Lower Court: Second Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bell-v-hood bivens-action bivens-doctrine constitutional-rights davis-v-passman federal-tort-claims-act fourth-amendment obstruction-of-justice whistleblower-protection whistleblower-protection-act
Key Terms:
DueProcess FifthAmendment Privacy
Latest Conference: 2023-02-17
Question Presented (AI Summary)

What is the proper cause of action under Bivens for a violation of the Fourth Amendment?

Question Presented (OCR Extract)

No question identified. : ; Docket # 21-3108 Question on Petition On Petition for a Writ of Certiorari, the question, not for argument, but for relief and Settlement, presented while bringing forward the merits to this case is based on the following: 1) The Federal Tort Claims Act (FTCA) is Federal Legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the Federal Government. 2) Upon the Fourth Amendment — the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 3) What is a “cause of action” under Bivens? Davis V. Passman, 99 S. Ct. 2264, 442 U.S. 228 (ULS. 1979), stating “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. ‘United States V. Lee, 106 U.S. [196], 220 [(1882)].” 438 U.S. at 506. 4) Upon the conclusion of Bell V. Hood, 327 U.S. 678 (1946) —Certiorari To The Circuit Court of Appeals For The Ninth Circuit — “Where the complaint seeks recovery squarely on the ground of violation of plaintiffs’ rights under the Fourth and Fifth Amendments, a federal district court has jurisdiction of a suit against agents of the Federal Government to recover damages in excess of $3,000 alleged to have been suffered by the plaintiffs as a result of such violations — even though neither the Constitution nor the Congress has provided for the recovery of money damages for such violations and the complaint is : so framed as possibly to state a common law action in tort or trespass. Pp. 327 U.S. 680-685.” Hence the question petitions for certiorari, seeking direct review to be filed in the U.S. Supreme Court, where . substantial probable cause and evidence for a federal issue has been raised in Obstruction of Justice to imperative Discovery. Furthermore, where the decision and judgement of the Lower Court, at the Eastern District Court with JudgeWilliam F. Kuntz and at the 2™ Circuit Court of Appeals with Judge Deborah Anne Livingston, has significant influence and outcome in effects to the natural order of beings in morale, ethics, education, safety, and financial economic opportunity. Hence, the Supreme Court now has greater influence, so as much to eliminating the continued victimization and negligence, as per the Whistleblower Protection Act, of the litigant developing this petition. Finally, in question, why is a death threat, identity theft with conspiracy to drug-trafficking, money laundering, excessive fraud in credit profiles, leading to credit-delinquency, discrimination and unemployment for the last three years on a Professional Start-Up Architect in Candidacy, Associate Architect of the American Institute of Architects, Licensure Candidate of the National Council of Architectural Registration Boards, Founder of the interest in competition Greatly Observed Objectives Defined LLC, and Master of Architecture still under threat with no discovery, being financially deprived of relief, employment and settlement in negligence for numerous malicious acts as will be stated in this petition and presented in the prior brief(s) and complaint(s) to the Eastern District Court and to the 2" Circuit District Court of Appeals of New York? Accordingly, and courteously, I the plaintiff, Prose and Informa Pauperis, because of the lack of financial stability and opportunity with interest to an appointed attorney, support the grant of certiorari for the necessary and important relief in settlement of punitive and compensatory

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent Federal Bureau of Investigation, et al. to respond filed.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)

Attorneys

Bryan Espinoza
Bryan Espinoza — Petitioner
Federal Bureau of Investigation, et al.
Elizabeth B. PrelogarSolicitor General, Respondent