No. 24-313

Christine A. Arakelian v. City of Falls Church, Virginia, et al.

Lower Court: Virginia
Docketed: 2024-09-19
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment comity-doctrine due-process jurisdictional-challenge section-1983 tax-injunction-act
Key Terms:
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-11-15
Question Presented (AI Summary)

Whether the Supreme Court of Virginia erred in dismissing Petitioner's appeal for procedural reasons despite alleged constitutional due process violations and jurisdictional challenges

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Supreme Court of Virginia err as a matter of federal, constitutional law by dismissing Petitioner’s appeal for failure “to timely file the ; notice of appeal in the Court of Appeals and the petition for appeal” in the Supreme Court of : Virginia” (App. 1a), notwithstanding the fact that . the Arlington County Circuit Court violated the Petitioner’s 14th Amendment due process right to a fair hearing in a fair tribunal and hence, never had jurisdiction over the case such that all Motions to Dismiss (entered by each of the Circuit Court, Court of Appeals and Supreme Court) are ; void ab initio and the cited Rules of the Supreme Court of Virginia are irrelevant? 2. Are the Tax Injunction Act 42 U.S.C. § 1341 and ; the doctrine of comity unconstitutional as applied ; ; for requiring Petitioner to litigate her § 1983 claims first in Virginia notwithstanding the fact that (a) the Arlington County Circuit Court held that Virginia law does not recognize a § 1983 cause of action in the context of Board of Equalization hearings and dismissed her claim with prejudice and (b) over 22 months have passed with no 14th Amendment protections in place for the Petitioner in the context of BOE hearings? 3. Are damages barred in all § 1983 state taxation lawsuits brought in federal courts against local jurisdictions that violate an individual’s 14th Amendment rights?

Docket Entries

2024-11-18
Petition DENIED.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-09-24
Waiver of right of respondent Arlington County (properly the County Board of Arlington County, Virginia) to respond filed.
2024-09-13
2024-07-26
Application (24A92) granted by The Chief Justice extending the time to file until October 1, 2024.
2024-07-22
Application (24A92) to extend the time to file a petition for a writ of certiorari from August 5, 2024 to October 1, 2024, submitted to The Chief Justice.

Attorneys

Arlington County (properly the County Board of Arlington County, Virginia)
Whitney A. DavisArlington County Attorney Office, Respondent
Christine Arakelian
Christine A. Arakelian — Petitioner