No. 23-5446

Elizabeth Richert v. Kathleen White Murphy, et al.

Lower Court: Seventh Circuit
Docketed: 2023-08-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment 5th-amendment due-process equal-protection fifth-amendment fourteenth-amendment judicial-proceedings property-rights takings takings-clause
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the District Court's April 21, 2022 post-trial order amount to an unconstitutional taking without due process, equal protection, and just compensation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Fifth Amendment guarantees that private property shall not be taken for public use without due process, nor shall it be taken for public use without just compensation. The Fourteenth Amendment guarantees all citizens due process of law and equal protection of the laws. In the instant case, the lower court's grant of summary judgment to Petitioner for Count I foreclosed Plaintiffs from obtaining title to the subject property. (App. D; App.B). Plaintiffs and Plaintiffs' two attorneys responded by breaking into, changing the locks, and forcibly taking the subject property. On April 21, 2022 the lower court denied Petitioner's Emergency Motion for Contempt, Injunction, and Other Relief, (N.D. Ill., Doc. 505; App.C), finding, "there is no basis in the Court’s judgment to enjoin plaintiffs or their attorneys from attempting to assert control over the property," (App.C, p. 3), begging the question: Whether the District Court's April 21, 2022 post-trial order, finding, "Because the Court has never ruled that title to the Buffalo Grove home belongs to defendant in her individual capacity, there is no basis in the Court’s judgment to enjoin plaintiffs or their attorneys from attempting to assert control over the property," amount to an unconstitutional taking without due process, equal protection, and just compensation within the meaning of the Fifth Amendment's Takings Clause, the Fifth Amendment's due process clause, and the Fourteenth Amendment's due process and equal protection clauses? 2. The Fifth Amendment guarantees an individual's rights to equal protection and due process in federal courts. The Fourteenth Amendment echoes those rights. , In the instant case, the lower court found that Petitioner "...was entitled to rely on the Court’s order dismissing Count I," (App. B, pp. 23-25), but the lower court Page 2 of 33 (prejudicially) vitiated that, and others of its orders, the (Federal) Rules of Civil Procedure, the Federal Rules of Evidence, and the Seventh Circuit's Local Rules, and violated the Fifth and Fourteenth Amendments to the United States Constitution, the Judicial Code of Conduct, agreements by the parties, and the truth, in order to arrive at its final judgment, and post-trial orders. The Supreme Court's supervisory power, inherent in the judicial power granted to it in Article III of the United States Constitution, and promulgated by Supreme Court Rule 10, authorizes the Court to exercise its supervisory power where an appellate court has sanctioned the departure of a lower court, that is so far from the accepted and usual course of judicial proceedings, as to call upon the Supreme Court for an exercise of its supervisory power. ; Whether the Seventh Circuit's sanctioning the decision(s) of the United States District Court, for the Northern District of Illinois in Case No. 15-cv-8185, that so far departed from the accepted and usual course of judicial proceedings, call for an exercise of this Court's supervisory power? Page 3 of 33 STATEMENT OF

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-11-24
2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)
2023-06-14
Application (22A1077) granted by Justice Barrett extending the time to file until August 19, 2023.
2023-06-09
Application (22A1077) to extend the time to file a petition for a writ of certiorari from June 20, 2023 to August 19, 2023, submitted to Justice Barrett.

Attorneys

Elizabeth Richert
Elizabeth Richert — Petitioner
Elizabeth Richert — Petitioner