No. 24-527

Emory D. Christian v. Rancho Grande Manufactured Home Community, et al.

Lower Court: Ninth Circuit
Docketed: 2024-11-08
Status: Denied
Type: Paid
Response Waived
Tags: causation civil-rights constitutional-intent judicial-discretion procedural-law rule-12b6
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether lower district courts have unconstrained discretion to dismiss civil rights complaints at the 12(b)(6) stage based on flawed interpretations of causation and constitutional intent

Question Presented (OCR Extract)

QUESTIONS PRESENTED Beil Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African AmericanOwned Media, 139 S. Ct. 2693 (2019) operate to provide lower district courts with unconstrained discretion to: “Throw the baby out with the bathwater,” i.e., dismiss meritorious civil rights complaints at the Fed. R. Civ. P. 12(b)(6) stage under the pretext that a : complaint fails to plead sufficient facts giving rise to the inference of “but for’ causation, pursuant to Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African American-Owned Media, 139 8. Ct. 2693 (2019), when subject dismissal is, in fact, based upon lower district courts’ flawed orders evidencing infidelity to the Constitution, Congressional intent and this Court’s procedural and substantive rule of law which are destructive to : American democracy and societal order. The questions presented are: 1. Whether a lower court of appeals sanctioned a lower district court’s decision that departed so far from the accepted and usual course of judicial proceedings, ... that it calls for the Supreme Court to invoke its supervisory power; 2. Upon the allegation that members of a 42 U.S.C.S. § 1985(3) civil conspiracy, engaged in joint . actions to deprive an individual of her fundamental constitutional freedoms, on the basis of race, whether Comcast v. National Association of African AmericanOwned Media, 139 S. Ct. 2693 (2020) provides a sufficiently detailed, process-oriented, method of analysis : ii requiring lower courts to consider the totality of the well-pleaded facts giving rise to the plausible inference that said conspiracy, not whether each individual defendant, was motivated by racial animus, to deprive the Plaintiff of her federally-protected constitutional rights.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-11-19
Waiver of right of respondents Rancho Grande Manufactured Home Community, L.P., Burt Hamernick; Lisa Hamernick to respond filed.
2024-11-18
Waiver of right of respondents Stacy Stephenson, an individual, Bart Hotchkiss, and individual to respond filed.
2024-11-11
Waiver of Susan Roberts of right to respond submitted.
2024-11-11
Waiver of right of respondent Susan Roberts to respond filed.
2024-10-31

Attorneys

Emory D. Christian
Emory D. Christian — Petitioner
Rancho Grande Manufactured Home Community, L.P., Burt Hamernick; Lisa Hamernick
Andrew J. DitlevsenLathrop GPM, LLP, Respondent
Stacy Stephenson, an individual, Bart Hotchkiss, and individual
Rolando PasqualiCalifornia Attorney General's Office, Respondent
Susan Roberts
Jeffry Albin MillerLewis Brisbois Bisgaard & Smith, Respondent