No. 23-598

Chester Noel Abing, et al. v. James F. Evers, et al.

Lower Court: Ninth Circuit
Docketed: 2023-12-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights civil-rights-laws discrimination due-process eleventh-amendment equal-protection fourteenth-amendment property-rights sovereign-immunity
Key Terms:
SocialSecurity
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does the Fourteenth Amendment amend the Eleventh Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW FIRST QUESTION Does the Fourteenth Amendment (1868) amend the Eleventh Amendment (1798)? (Ifso, then the Eleventh Amendment cannot provide “sovereign ; ; immunity” from civil-rights lawsuits under the Fourteenth Amendment or the Civil Rights Laws enacted pursuant to it.) ; ; | : SECOND QUESTION May State laws nullify the Fourteenth Amendment and the Civil Rights Laws enacted under it? THIRD QUESTION : Do the Fourteenth Amendment, and the Civil Rights Laws enacted to enforce it, prohibit malicious discrimination by State officers in the form of theft of property using forged documents, threats, and harassment? co -l. i FOURTH QUESTION Are homeowners as a group protected by the Equal Protection Clause of the Fourteenth Amend. ; ment against discriminatory application of State laws against them to steal their property using forged documents? | | FIFTH QUESTION | The courts have held that Section 1983 of the . Civil Rights Laws has a two-year statute of limi_ tations in Hawaii. Does this mean that victims’ right to seek redress under these laws expires in the second , oO year of a ten-year pattern of continuous and cumulative acts of discrimination against a class, involving theft of property and fraud on the courts? : . i ° LIST OF ALL PARTIES , | Petitioners: Chester Noel Abing . 94-1118 Pohu Place Waipahu, HI 96797 i i Dennis Duane DeShaw Susan Kay Broer-DeShaw 815 College Dr., Apt. 18A P. O. Box 573 New Town, ND 58763 Hill City, SD 57745 ' Defendants: , | ; ; In order of appearance in the First Amended Com plaint: (a) Attorneys employed by the ; Hawaii “Office of Consumer Protection” and their supervisors: James F. Evers, John N. : : Tokunaga, Stephen H. Levins, Lisa P. Tong, Melinda D. Sanchez, Catherine Awakuni | Colon, Jo Ann Uchida Takeuchi, Michael J.S. Moriyama; 205 South Beretania, 8t» floor, | Honolulu, HI 96813. (b) Lawyers employed by the Hawaii Office of Disciplinary Counsel: Bruce B. Kim, Bradley R. Tamm, Ryan Summers Little, Rebecca _ Salwin, Yvonne R. Shinmura, and Charlene . i : i | . i M. Norris; 201 Merchant Street, Suite 1600, Honolulu, Hawaii 96813. | (c) Lawyers employed by the Disciplinary Board of the Supreme Court of Hawaii: Roy F. | Hughes, Gayle J. Lau, Jeffrey P. Miller, Philip : H. Lowenthal, and Clifford Nakea, 201 Merchant Street, Suite 1600, Honolulu, Hawaii | 96813. a | (d) Designated foreclosure-court judges in the | Circuit Court of the First Circuit in Honolulu: Bert I. Ayabe and Jeannette H. Castagnetti, | 777 Punchbowl Street, Honolulu, Hawaii | 96813. All Defendants are represented by the Depart| : ment of the Attorney General of Hawaii, 425 Queen Street, Honolulu, Hawaii 96813. | ;

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-12-07
Waiver of right of respondents James F. Evers, et al. to respond filed.
2023-08-09

Attorneys

Chester N. Abing, et al.
Chester Noel Abing — Petitioner
Chester Noel Abing — Petitioner
James F. Evers, et al.
James C. PaigeState of Hawaii Attorney General , Respondent
James C. PaigeState of Hawaii Attorney General , Respondent