No. 24-5946

James B. Crosby v. Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process federal-proceedings heck-bar injunction supremacy-clause younger-abstention
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether Younger abstention can be ignored when federal proceedings began before state proceedings and an injunction should be granted to prevent arrest or prosecution

Question Presented (OCR Extract)

QUESTIONS PRESENTED : 1. Can the Younger abstention be ignored when it is clear that federal proceedings began before State and should an injunction have been/be granted to prevent arrest and/or stop prosecution? See Younger v. Harris, 401 U.S. 37, 41 (1971). 2. Can the Heck bar have an exception made when the government violated federal law to obtain an illegal conviction for grant money as proven by newly discovered evidence and destroyed exculpatory evidence (thus committing fraud) particularly when claims of corruption are made with actual innocence? , See Heck v. Humphrey, 512 U.S. 477 (1994). a 3. When Acts of Congress prove that state actions are illegal and unconstitutional; doesn’t the Supremacy Clause, Necessary and Proper Clause, Contract Clause, Compact Clause, and due process violations as well as the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Fourteenth Amendments require nullification and vindication of a conviction obtained by fraud due to actual innocence? 4. Isn’t it a violation of due process to state or imply what someone else believed over conduct that was not even their idea and then lie to the public, destroy evidence, and prosecute and illegally convict him by hiding the fact the State was under contract by the federal government not to do it and are members of a federal agency that prohibit such actions? 5. Don’t exceptions in 28 U.S.C. §2283 apply when ICAC and SORNA are Acts of Congress and suit was brought to challenge those Acts? See Piasecki_v. Court of Common Pleas, 917 F.3d 161 (3rd Cir. 2019). 6. Shouldn’t counsel have been appointed during the proceedings before the lower courts as : Petitioner’s liberty is clearly at stake and was illegally detained like he stated he would be in Case No. . and shouldn’t counsel be appointed now as he has been refused effective representation because former representation has committed a crime against him by violating FS. § 843.0855 to keep him in jail and sabotage relief? 7. Even if an exception cannot be made in Heck, Id despite government fraud; isn’t Petitioner entitled to other relief (particularly the relief from judgment) as he is specifically asking for any other relief deemed just and proper including declaratory relief? 8. The State of Florida has clearly consented to suit by joining the ICAC Task Force in which Congress has abrogated sovereign immunity as proven by federal law and the Memorandum of Understanding (see App. H) so shouldn’t this Court have original jurisdiction as the holding in Hans v. Louisiana, 134 U.S. 1 (1890) is no longer valid as the Eleventh Amendment became obsolete when the State of Florida joined a federal agency and agreed to supremacy of federal law but then violated that law and the Fourteenth Amendment as well as other amendments and articles? 9. Isn’t SORNA unconstitutional pursuant to illegal ICAC tactics as in Piasecki, Id because Petitioner was framed and is NOT trying to have sex with minors as falsely alleged by the government? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-11-14
Waiver of City of Jacksonville of right to respond submitted.
2024-11-14
Waiver of right of respondent City of Jacksonville to respond filed.
2024-10-28
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2024)

Attorneys

City of Jacksonville
Sonya Harrell HoenerOffice of General Counsel, City of Jacksonville, Respondent
Sonya Harrell HoenerOffice of General Counsel, City of Jacksonville, Respondent
James B. Crosby
James B. Crosby — Petitioner
James B. Crosby — Petitioner