No. 22-677

Eric Miller v. City of Albuquerque Personnel Board

Lower Court: New Mexico
Docketed: 2023-01-20
Status: Denied
Type: Paid
Tags: administrative-law civil-procedure civil-rights constitutional-rights due-process employment-termination judicial-review nmsa-1978-30-16-10 section-1983 standing title-42-usc-1983
Key Terms:
SocialSecurity
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Whether the courts of New Mexico have so far departed from the accepted and usual course of judicial proceedings

Question Presented (from Petition)

QUESTIONS PRESENTED Title 42 U.S.C. § 1983 provides in pertinent part; “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, or other proper proceeding for redress. This case involves the division heads of the City of Albuquerque New Mexico Transportation Department usurping all authority of the city’s Article X Charter, which provides procedures for weighing the conduct of an employee for discharge, § : 8-1-1, App. 62a, by forging the director’s initials on eight (8) memorandums in violation of NMSA 1978, § 30-16-10(A), without The Chief Administrative ii Officer’s and Director of Transportation’s knowledge to process an illegal termination, having only the authority to, “... issue reprimands and suspend an employee for five days or less ...” COO § 3-1-23 (A)(2) at App. 69a. The questions presented are: : 1. Whether the courts of New Mexico have so far departed from the accepted and usual course of judicial proceedings by denying the petitioner's certiorari and making no judgement on the matter of violations to the Constitution and Law? 2. Whether any judge can violate Title 28 U.S. Code § 453 by protecting criminals and allow injustice without upholding their oath to administer justice without respect to person, do equal right to the poor and to the rich and faithfully and impartially discharge and perform all the duties incumbent upon them under the Constitution and Laws of the United ; States? . :

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-01-05
Petition for a writ of certiorari filed. (Response due February 21, 2023)

Attorneys

Eric Miller
Eric Miller — Petitioner
Eric Miller — Petitioner