No. 22-928

Roger Swartz v. Board of Trustees of University of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2023-03-23
Status: Denied
Type: Paid
Tags: academic-freedom civil-rights constitutional-rights due-process equitable-tolling extraordinary-circumstances scienter state-action state-actor university-funding
Key Terms:
SocialSecurity DueProcess FourthAmendment Patent
Latest Conference: 2023-05-25
Question Presented (AI Summary)

When can unrestricted state funding to a university professor make them a state actor?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1..When effectively unrestricted research funding—requiring nothing more than a yearly progress update—by the state enables a party such as a University Professor to enjoy openended activities and privileged freedom to determine how to spend the vast majority of their time during working hours on what premise could that make them, or their acts to undermine the constitution rights of another treated as one carried out by a state actor? 2. Would demonstrating that unrestricted state funding led to significant increases in power— . as defined by their ability to influence others to act—enabling one or more _ university professors to damage another by violating their constitutional rights who then filed a complaint against the Professor[s] ; “contain[ing] sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face’—demonstrate that ~ ii such a professor is engendered with power that permits them to engage in unlawful activities as a state actor because it shows that their conduct is otherwise chargeable to the state and because the deprivation is caused by the exercise of some right or privilege created by the State? 3. If a complaint provides “enough fact to raise a : reasonable expectation that discovery will reveal evidence” related to constitutional violations against the what is the threshold requirement necessary to demonstrate that unrestricted state funding provided to a University Professor was the sole enabler of them violating the constitutional rights of another? 4. If a University President leverages powers derived by the university from state funding and their unusually high salary is enabled by state funding does that support that alleged abuses of constitutional rights by the / University President due to leveraging such state funding derived powers effectively make them a state actor? r 5. On what basis can a Judge decide from paper pleadings alone that a claim of equitable tolling does or does not meet a standard “that some extraordinary circumstance stood in his way” to filing the claim. Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)? iii 6. Would fear for the well-being of oneself and one’s child that had to be sent to another country to live with grandparents due to harms sustained by the acts of defendants, respondents serve as sufficient grounds to support “that some extraordinary circumstance stood in his way” to filing the claim. Pace v. DiGuglielmo, 544 U.S. 408, 418 (20085). 7. What is the threshold for sustained damage : combined with fear of suffering additional damages for bringing a complaint forward ; against necessary to meet the equitable tolling requirement “that some extraordinary circumstance stood in his way” to filing the claim. Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). 8. Can a Judge[s]. lawfully make a decision to proactively unseal a court document containing Health Information of a child 25 years into the future or does that citizen have the right to keep such documents sealed into Perpetuity? 9. Can multiple Frauds taking place for 9-years under the continuing violations theory increase the level of Scienter attached to that, Fraud such that a new tort liability can manifest after Scienter passes some threshold? 4 ; iv ,

Docket Entries

2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-04-04
Suggestion for recusal from petitioner received.
2023-03-15

Attorneys

Roger Swartz
Roger Swartz — Petitioner
Roger Swartz — Petitioner