No. 23-6144

Susanne Aspley v. Tim Walz, Governor of Minnesota, et al.

Lower Court: Eighth Circuit
Docketed: 2023-12-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 42-usc-1983 civil-rights color-of-law covid-pandemic due-process emergency-orders fourteenth-amendment nursing-home-deaths right-to-life section-1983
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the 14th Amendment right to life was violated by the Minnesota Governor and Health Department Commissioner's actions that resulted in the deaths of nearly 7,000 Minnesota elderly during the COVID-19 pandemic

Question Presented (OCR Extract)

QUESTIONS PRESENTED , In March, 2020, during the height of the COvid Pandemic, MN Governor Tim , . Waiz and Minnesota Health Department (MDH) Commissioner egregiously created two Emergency Orders to allow Covid virus infected patients into otherwise healthy nursing homes, resulting in the death of nearly 7,000 Minnesota elderly, including the plaintiffs mother on April 8, 2020. * THE MN Fed court as well as the MN Appeals court of appeals has entered a decision in direct conflict to the 14th Amendment right to life. ‘ a * and the Right to Life under Law * — conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power; : First Claim for Relief-Deprivation of Life . In violation of the Fourteenth Amendment to the Constitution of the United States protecting the life of LaVonne Aspley. 42 USC Section 1983) is a federal law that allows citizens to sue in certain situations for violations of rights conferred by the US Constitution or federal laws. Second Claim Deprivation of Rights Under Color of Law The purpose of Section 242, acts under “color of law" include acts not only done by federal, state, or loca! officiais within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the Official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the . victim.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-08
Waiver of right of respondent Walz, Gov. of MN, et al. to respond filed.
2023-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2024)

Attorneys

Susanne Aspley
Susanne Aspley — Petitioner
Susanne Aspley — Petitioner
Walz, Gov. of MN, et al.
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Respondent
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Respondent