No. 23-177

Terrence Fitch v. Thomas McAdams, et al.

Lower Court: Seventh Circuit
Docketed: 2023-08-25
Status: Denied
Type: Paid
Response Waived
Tags: accardi-doctrine agency-regulations civil-procedure due-process government-officials standing subject-matter-jurisdiction turner-hearing turner-v-rogers
Key Terms:
DueProcess
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the Seventh Circuit erred in determining subject-matter-jurisdiction

Question Presented (OCR Extract)

QUESTION PRESENTED The main issue before the Court pertains to the determination of subject matter jurisdiction by the Seventh Circuit of the Eastern District of Wisconsin. The Plaintiff needs to be informed that a necessary hearing, as per Turner v. Rogers, 564 U.S. 431 (2011), was not conducted. The Appellate has raised concerns regarding subject matter jurisdiction in various state court proceedings due to the absence of the required Turner hearing. This raises questions about the potential violation of the Appellant's due process rights and whether it constitutes a valid legal basis for court intervention? The Accardi Doctrine Requires government officials to follow agency regulations which has become an important rule of law even when it’s not convenient. Unpublished agency guidelines are not considered binding rules under this doctrine, but guidelines that establish procedural and substantive restraints to protect individuals from arbitrary treatment by government officials should be covered. It's important to have a consistent application of these rules, especially in cases where individual rights are affected. See United States ex rel. Accardi vs. Shaughnessy, 347 U.S. 260 (1954). 3 0)

Docket Entries

2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-11
Waiver of right of respondents James Sullivan, Samantha Levign, Aliyya Hunt, Ann Hetzel and John Barrett to respond filed.
2023-09-06
Waiver of right of respondent Lisa Bangert to respond filed.
2023-09-01
Waiver of right of respondent Thomas McAdams to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due September 25, 2023)

Attorneys

James Sullivan, Samantha Levign, Aliyya Hunt, Ann Hetzel and John Barrett
William G. DavidsonMilwaukee Count Office of Corporation Counsel, Respondent
William G. DavidsonMilwaukee Count Office of Corporation Counsel, Respondent
Lisa Bangert
Kevin M. FetherstonVon Briesen & Roper, S.C., Respondent
Kevin M. FetherstonVon Briesen & Roper, S.C., Respondent
Terrence Fitch
Terrence Fitch — Petitioner
Terrence Fitch — Petitioner
Thomas McAdams
Jon WhitneyWisconsin Department of Justice, Respondent
Jon WhitneyWisconsin Department of Justice, Respondent