No. 22-7607

Sensa Verogna v. Andrea K. Johnstone, et al.

Lower Court: First Circuit
Docketed: 2023-05-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-duties civil-procedure civil-rights constitutional-claims due-process extrajudicial-knowledge federal-judges judicial-immunity judicial-recusal recusal standing
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Should a judge recuse themselves having learned through their administrative duties, material facts deriving from an extrajudicial source?

Question Presented (OCR Extract)

Questions Presented 1. Should a judge recuse themselves having learned through their administrative duties, material facts deriving from an extrajudicial source? 2. Does judicial immunity protect limited jurisdictional judges from liability for personal actions not taken in the judge's judicial capacity or in clear absence of their jurisdiction or for the illegal acts of other co-conspirators? ; . 8.Is Bivens appropriate because this court is better equipped to decide claims for the unconstitutional acts of individual federal judges, who utilize the machinery of the court to retaliate or deter citizens from participating in court? | 4. Does the Complaint plausibly allege violations of 42 U.S. Code § 1985(2)(Clause i) and 42 U.S. Code § 1986 that are not frivolous? 5. Does 42 U.S.C. 1985(2) (clause i) require classor race-based discriminatory animus allegations or allegations of force, intimidation, threat, or retaliation? 6. On the facts before it, did the District court err in law and fact by mis-applying the facts on record to the correct legal standard of proof by applying collateral estoppel in a still open case and then dismissing the action for want of jurisdiction on that basis? | 7. Arve defendant attorneys Eck and Schwartz entitled derivative immunity?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-05
Waiver of right of respondent Jonathan Eck to respond filed.
2023-06-02
Waiver of right of respondent Julie E. Schwartz to respond filed.
2023-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2023)

Attorneys

Jonathan Eck
Linda M. SmithMorrison Mahoney LLP, Respondent
Linda M. SmithMorrison Mahoney LLP, Respondent
Julie E. Schwartz
Dan L. BagatellPerkins Coie LLP, Respondent
Dan L. BagatellPerkins Coie LLP, Respondent
Sensa Verogna
Daniel E. Hall — Petitioner
Daniel E. Hall — Petitioner