No. 23-856

Urve Maggitti v. Victor J. Maggitti, Jr.

Lower Court: Pennsylvania
Docketed: 2024-02-08
Status: Denied
Type: Paid
Tags: access-to-courts administrative-process civil-rights collateral-damage constitutional-rights court-access due-process judicial-review legal-remedy remedy standing
Key Terms:
DueProcess
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether there is a remedy when the courts have failed to perform their duty and the state's highest court is party to the failure during the administrative process, despite having the opportunity to rectify

Question Presented (OCR Extract)

QUESTIONS PRESENTED “If he has a right, and that right has been ; violated, do the laws of this country afford him a remedy? The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.” Marbury v. Madison, 5 U.S. 137, 162— 638, 2 L. Ed. 60 (1803) : Under what circumstances, is it acceptable to lose the legal remedy by suit or action at law when the courts themselves have failed to perform their duty? Where can those individuals get recourse for violation of their rights when the state’s highest court is party to the failure during the “administrative” process of the case, and despite having the opportunity to rectify they chose not to. Is there a remedy for that? ; Petitioner comes before this Court as the remedy of last resort because the lower courts’ have violated not only meaningful access to court for vindication of injury in one case but thecollateral damage Petitioner was attempting to prevent is : now basically a fait accompli considering the slim to none chance of having this court choose this case for review. _ “Due process does not, of course, require that the defendant in every civil case actually have a hearing on the merits. What the Constitution : does require is ‘an opportunity * * * granted at a meaningful time and in a meaningful manner” . ’ Boddie v. Connecticut, 401 U.S. 371, 378, 91S. Ct. 780, 786, 28 L. Ed. 2d 118 (1971) ii

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2023-11-18
Petition for a writ of certiorari filed. (Response due March 11, 2024)

Attorneys

Urve Maggitti
Urve Maggitti — Petitioner
Urve Maggitti — Petitioner