No. 23-7335

Walter J. Himmelreich v. Janel Fitzgerald

Lower Court: Sixth Circuit
Docketed: 2024-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-1983 bivens bivens-action civil-rights due-process equal-protection first-amendment first-amendment-retaliation territorial-jurisdiction
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Does the 'or Territory' clause of 42 USC § 1983 apply to Federal Bureau of Prisons properties?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) does the "or Territory" clause of 42 USC § 1983 and the related Civil Rights Statutes apply to the Federal Bureau of Prisons properties; utilizing the Federal Courts Territorial Jurisdiction, as the Sixth Circuit Court of Appeals decision in Biunt previously , determined that Federal Courts have Territorial Jurisdiction over Federal Bureau of Prisons properties; thus allowing a First Amendment Retaliation Claim filed under both Bivens and invoking 42 USC § 1983 as well to go forward to trial and not violating the Petitioner's Fourteenth Amendment and Fifth Amendment Due Process and Fourteenth Amendment Equal Protection of the Laws Constitutional Rights ? °2) Should the above question be answered in the negative, does the . Boule decision of this Court denying First Amendment claims of Retaliation in Bivens Actions violate the Petitioner's Fourteenth Amendment Right to Equal Protection of the Laws when a State prisoner is able to sue against a jailer for First Amend_ ment Retailation regarding. Redress of Grievances but Federal Prisoners do not have the same civil rights.? 3) Did the Lower courts err by not recognizing the “or Territory" Clause pottion of 42 USC § 1983, which was specifically pointed 2 out to them by the.Pro Se Petitioner and their insistance that verticallstare decisis was the proper decision in the case below ? i ;

Docket Entries

2024-08-19
Rehearing DENIED.
2024-07-25
DISTRIBUTED.
2024-06-28
Petition for Rehearing filed.
2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-06
Waiver of right of respondent United States to respond filed.
2024-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Walter Himmelreich
Walter J. Himmelreich — Petitioner
Walter J. Himmelreich — Petitioner