No. 22-6524

Barry L. Brookins v. Rajendra Dwivedi

Lower Court: Ninth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law
Key Terms:
DueProcess FourthAmendment Punishment Securities Privacy
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the plaintiff's 8th Amendment right against cruel and unusual punishment has been violated through an unlawful surgery performed without the plaintiff's consent, leaving him permanently disabled, disfigured, and unable to have offspring

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. FHE PLAINTIFF 8TH AMENDMENT CONSTITUTIONAL RIGHTLIWDER A ’ DELIBERATE INDIFFERENCE HAS BEEN VIOLATED THROUGH AN UNLAWFUL SURGERY PERFORMED WITHOUT THE PLAINTIFF GIVING HIS SIGN CONSEBT & THIS PROCEDURE HAS LEFT THE PLAINTIFF PERMANENTLY DISABLED, DISFIGURED & UNABLE TO HAVE OBFSPRINGS. (DiFENDANT ACTED WHILE UNDER THE COLOR OF STATE LAW). 2. THIS BARBARIC PRACTICE PERFORMED IS OUTDATED & GOES INTO VERY CRESIS OF THIS MATTER, THAT IT WAS PERSONAL NOT PROFESSIONAL, & IT IS A DIRECT VIOLATION OF THE 8TH AMENDMENT CRUEL & UNSUAL TREATMENT. AND VIOLATION UNDER THE 14TH AMENDMENT EQUAL PROTECTION CLAUS. 3. THE PLAINTIFF 14TH AMENDMENT UNDER DUE PROCESS OF LAW, AND 1 ST AMENDMENT FREEDOM TO EXPRESSION HAS BEEN VIOLATED ON APRIL 12, 2020 WHEN THE U.S.D.C. EASTERN DISTRICT DID NOT ALLOW THE PLATNTIFF TO HAVE HIS INTERROGATORIES ACCEPTED WHICH WOULD HAVE GIVEN ADMISSIONS TO ANY DISCOVERIES TO THE DEFENDANTS STATE OF MIND PERFORMING THIS SURGERY ON APRIL 16, 2010. AFTER THE COURT HAD GIVEN PLAINTIFF PERMISSION TO PROC EED WITH PROSECUTION AGAINST DEFENDANT. 4. SEPTEMBER 21,2021 DALE A. DROZd, DISTRIC JUDGE, PRESIDING U.S.D.C EASTERN DISTRICT DISMISSED & TIME BARRED CASE.PLINTIFF CHALLENGED TIME BARRED STATUE OF LIMITATIONS AT NINTH CIRCUIT COURT OF APPEALS IN APPE LLANTS INFORMAL OPENING 8RIEF DATED SEPTEMBER 21,2021 NO.5,6,11,14,15, EVIDENCE FAVORED THE PLAINTIFF. NINTH CIRCUIT MEDIATION PROGRAM ACCEPTED CASE FOR SETTLEMENT ON OCTOBER 13,2021.MEDIATION RELEASED CASE ON 10.29.2021 WITHOUT MERITS STATED. DIAL IN CONFERENCE WAS SCHEDULED 10.29.2021 at 10;00 AM FOR APPELLEE. APPELLEES BRIEF IS DATED JANUARY 24,2022. APPELLANTS INFORMAL RFPLY | BRIEF IS DATED FEBRUARY 2,2022. NINTH CIRCUIT JUDGMENT Was ENTERED AMIGUST 24,2022.PETITION FOR PANPL REHEARING, FOR. REHEARING EN BANC TS DATED SEPTEMBER 17,2622. ORDER FILED NOVEMBER 28,2022 CLOSED CASE. 5. THE CommrssrodeR OF THE PETITTMER BOARD OK PAROLE HEARTS vech io-40.200 Nev adit Simm To PeTO TIER Bur ERs alse Di darizls A wes ad ATipceen pou ment Fo THYS Lawl Sart. For We PeTyitale we Frle a aks CIUrL suzy AGATA THe NEeTEdDAlT FoR THES SubeeAY A Tele Stidutd ALS GTWE RYSE Te THE Statuz OF Lemrinxads, ALSO. THE COm missed Sekt PETIITASER To SEER TNEZAD BN DR. BRINGETORD. 9S" TNERVTeNS WE 1O-D.Aar & 10.24. 2007 at SubStadte Reuse TRE MeNdT FAccloY C5-A7LF.S & concters) PRIS HoleReme weriltaw C. RMA SuP.CT. hob OAGELES COUNTY poutMeNTS Deng 12.39.1900 steno ww Werinhe to Parle Prue a Law surT Abardst netednedt THes was aNclanen ra WES crdrt cars, tr WAS AG TTS Tome Waal mEnrLAL Rasen xATonmatyal To Petrivelat Ya nétedhady RATetbea DUTdEentwio. was do Loken EPL at CAR A prscodtrdues WARREe WOMTKS LATE WEREL WE CASTRATION SuRbeRY ab PeTrTOkR wh210 A Hrs Hew ANMRAS To WIS OFFICE rd PaRTetUaLe vies Erde) Vo PETE iraleR . ena 5. a ersten DISTUAC REWER Wet RLU Wes Derelont's Re Rema Ram Comdceity DBE GRatich Te tuRSUE Bh AEN MENT CLAtTm what oeteNnndT DWIMENTW A, THEN LATION 4-yR3 RESySS CLATM AN Time BaRREn.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-19
Waiver of right of respondent Rajendra Dwivedi to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Barry L. Brookins
Barry L. Brookins — Petitioner
Barry L. Brookins — Petitioner
Rajendra Dwivedi
Todd William BaxterMcCormick Barstow etal, Respondent
Todd William BaxterMcCormick Barstow etal, Respondent