No. 24-306

Michael Bush, et al. v. Linda Fantasia, et al.

Lower Court: First Circuit
Docketed: 2024-09-18
Status: Denied
Type: Paid
Response Waived
Tags: injunctive-relief mootness pro-se-plaintiffs rule-12-procedure standing sua-sponte-dismissal
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

When pro se plaintiffs face sua sponte dismissal, what procedural safeguards must courts observe under Rule 12(b)(1) or 12(b)(6) regarding hearings and complaint amendments, and what conditions render a case moot?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Town administrators imposed two distinct face mask mandates that included various secular exemptions. Certain aggrieved residents sued pro se for failure to accommodate their disabilities and religions, seeking declaratory, injunctive, and monetary relief in specific amounts. The Town moved under Fed. R. Civ. P. 12(b)(6) to dismiss for failure to state a claim eligible for relief. The District Court instead sua sponte dismissed the entire lawsuit on the grounds of legal standing and mootness, while denying the pro se plaintiffs the hearing they requested and opportunity to amend ; their original complaint. The questions presented are: 1. When plaintiffs are pro se laypeople, which, if any, of the following are permissible conditions of : dismissal under Fed. R. Civ. P. 12(b)(1) or 12(b)(6): a) the dismissal is sua sponte, b) the plaintiffs are denied their requested hearing, or c) the plaintiffs are denied opportunity to amend their complaint in response to : the court’s identification of deficiencies? ; 2. When a court dismisses a case as moot, which, if any, of the following conditions are permissible: a) the defendants stated they may reengage in the challenged conduct, b) the court draws inferences in favor of the defendants, c) the plaintiffs sought monetary damages, d) the plaintiffs sought injunctive relief, or’ . e) the plaintiffs sought declaratory relief? ; ii

Docket Entries

2024-10-15
Petition DENIED.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
Waiver of right of respondents Linda Fantasia et al. to respond filed.
2024-09-12

Attorneys

Linda Fantasia et al.
Justin Lee AmosPierce Davis and Perritano LLP, Respondent
Justin Lee AmosPierce Davis and Perritano LLP, Respondent
Michael Bush, et al.
Michael Bush — Petitioner
Michael Bush — Petitioner