No. 24-5345

Benjamin-Macon Bell, Jr. v. South Carolina Department of Social Services, et al.

Lower Court: Fourth Circuit
Docketed: 2024-08-20
Status: Denied
Type: IFP
IFP
Tags: civil-rights-violation contract-law federal-question-jurisdiction judicial-immunity state-court-procedure subject-matter-jurisdiction
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment FifthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2024-10-18
Question Presented (AI Summary)

Whether a state judge can be held accountable for actions taken outside judicial capacity and without jurisdiction, and if judicial immunity applies in cases of alleged civil rights violations

Question Presented (OCR Extract)

QUESTIONS PRESENTED ” 1. Does a State Judge have authority to preside over a case when He/She has a conflict of . interest? Does absolute immunity apply when a judge has acted criminally under color of law and without jurisdiction, as well as actions taken in an administrative capacity to influence cases? 2. Do Eleventh Amendment immunity apply when officers of the court have violated 31 U.S. Code § 3729 and the state has refused to provide any type of declaratory relief? 3. Do Title !V-D, Section 458 of the Social Security Act violate the United States Constitution due to the incentives it creates for the court to willfully violate civil rights of parties in child custody and support cases? 4. Has the Richland County Family Court for the Fifth Circuit erred in basing and biasing its fraternal decision on the rulings of a Family Court judge who has clearly and willfully violated 28 U.S. Code § 455? Deuteronomy 25 13-16 +» "You are not to have in your pack two sets of weights, one heavy, the other light. + You are not to have in your house two sets of measures, one big, the other small. * You are to have a correct and fair weight, and you are to have a correct and fair measure, so that you will prolong your days in the land Yahweh your God is giving you. : For all who do such things, all who deal dishonestly, are destestable to Yahweh your God. 5. Can the state force a bill of attainder on a natural human to force you into slavery (debt). 6. Does a judge have Immunity for their non judicial activities who knowingly violate civil rights? 7. If a person obtains subject matter should they be denied access to the Family Court : documents, when upon asking for a W-9 and a 1099 OID for taxes Benjamin-Macon: Bell OBTAIN FEDERAL SUBJECT MATTER JURISDICTION Ableman v. Booth United States Supreme Court 62 U.S. 506 (1858) No decision of a state , court is valid if it conflicts with a decision by a federal court. Federal question jurisdiction (a) in the well pleaded complaint Rule your claim must be based in federal law a Federal law Title 1V-D of the Social Security Act pub L. No 93-647, 88 Stat 2351(1975),42 USC 651 . (8/22/1996), as amended. Created Bell's cause of action 42 USC 658 (a) and (f) provides profit for practice of the above; By contrast, Title 42, The Public Health and Welfare, is a non-positive law title. Title 42 is comprised of many individually enacted Federal statutessuch as the Public Health Service Act and the Social Security Actthat have been editorially compiled and organized into the title, but the title itself has not been enacted 42 USC 1983 Deprivation of rights under color law itself provides Benjamin-Macon: Bell relief (b) Non positive federal creates Benjamin-Macon: Bell cause of action, And federal law itself provides Therefore the federal district court has subject matter jurisdiction under federal question jurisdiction 8. Can a natural human be forced into a contract? TITLE IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2024)

Attorneys

Bejamin-Macon Bell
Benjamin-Macon Bell — Petitioner