No. 24-7187

Elizabeth Anne Fitzgibbon v. Adam Paul Fitzgibbon

Lower Court: Wisconsin
Docketed: 2025-05-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: divorce-proceedings due-process equal-protection fourteenth-amendment judicial-misconduct marital-settlement-agreement
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2025-12-12 (distributed 2 times)
Question Presented (AI Summary)

Did the trial court violate Elizabeth Fitzgrebon's due process and equal protection rights under the Fourteenth Amendment by losing the parties' final Marital Settlement Agreement, incorrectly granting a divorce, fabricating a new MSA, falsely attributing approval to a retired Commissioner, and backdating a divorce judgment?

Question Presented (OCR Extract)

' *"" ! Ii f I > ' 1’. .Did;'-the trial court violate Elizabeth Fitzgrebon's due process and equal protection rights :under the Fourteenth Amendment by: . b i \ • Losing the parties ’ final and intended Marital Settlement Agreement (MSA) for their uncontested divorce; • Incorrectly granting a divorce based on a previously nullified agreement; • Fabricating a new and inequitable MSA based on false testimony to replace the document lost by the court; • Falsely attributing approval of the fabricated MSA to a long-retired Family Court Commissioner (FCC) who had never reviewed it; • Backdating a new divorce judgment without consent or proper trial; ...thereby depriving Elizabeth of her constitutional right to a lawful and voluntary dissolution of marriage? 2. When a state court disregards its own binding contractual obligations by failing to follow its own civil and criminal statutes —including those prohibiting fraud and forgery —does such conduct violate the Contract Clause of Article I, Section 10 and thereby warrant federal review where the state has failed to provide relief? 3. When a state court acts simultaneously as both adjudicator and interested party in a dispute —such as through financial or institutional entanglements —does this structural conflict of interest violate the Due Process Clause of the Fourteenth Amendment and warrant federal review where the state has failed to provide relief?

Docket Entries

2025-12-15
Rehearing DENIED.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-10-30
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2025)
2025-02-04
Application (24A756) granted by Justice Barrett extending the time to file until May 9, 2025.
2025-01-31
Application (24A756) to extend the time to file a petition for a writ of certiorari from March 10, 2025 to May 9, 2025, submitted to Justice Barrett.

Attorneys

Elizabeth A. Fitzgibbon
Elizabeth Anne Fitzgibbon — Petitioner