No. 24-1070

Conghua Yan v. Mark A. Taylor, Individually and in His Official Capacity as Criminal District Office Investigator, Tarrant County, et al.

Lower Court: Fifth Circuit
Docketed: 2025-04-11
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-challenge criminal-procedure district-attorney first-amendment government-policy petition-rights
Key Terms:
AdministrativeLaw ERISA FirstAmendment JusticiabilityDoctri
Latest Conference: 2025-06-12
Question Presented (AI Summary)

Whether a criminal District Attorney office policy that bars individuals from filing perjury complaints without judicial request violates First Amendment petition rights

Question Presented (OCR Extract)

This petition addresses an unpublished dismissal . of a constitutional challenge to a goyernment. barring Petitioner and everyone from filing individual criminal complaint of perjury to the law enforcement. 1. Whether a criminal District Attorney office policy that allows the sheriffs office to only accept criminal perjury complaints only at the request of presiding judges in their official capacity deprives individual ’s right in their private capacity to petition the government for redress of grievances under the First Amendment. 2. Other than deprivation of individual right character , whether the judicial branch can possess exclusive privilege to open or request 5*^!'^ complaint, this is a matter of first impression. 3. Whether claims seeking adjudication for one's own treatment (individual right to file a First Amendment petition) versus the treatment of others (private cause of action to prosecute others) represent distinguishable legal theories.

Docket Entries

2025-06-16
Petition DENIED.
2025-05-27
DISTRIBUTED for Conference of 6/12/2025.
2025-04-28
Waiver of right of respondent Mark Taylor, et al. to respond filed.
2025-02-05

Attorneys

Conghua Yan
Conghua Yan — Petitioner
Conghua Yan — Petitioner
Mark Taylor, et al.
Omar FamadaTarrant County Criminal District Attorney's Office, Respondent
Omar FamadaTarrant County Criminal District Attorney's Office, Respondent