Sossamma George Sebastin v. Sebastin Francis
DueProcess HealthPrivacy Privacy
1. Whether fundamental rights guaranteed by the Constitution are violated when a court denies a pro se litigant access to a custody evaluator's report that was used to effectively terminate parenting time, impose a protective order, and mandate psychological treatment, while also denying meaningful notice and opportunity to present rebuttal, exculpatory, inculpatory and impeachment evidence?
2. Whether fundamental rights guaranteed by the Constitution are violated when a court enforces a two-tiered system of justice by denying a pro se litigant the same procedural tools and rights it granted to opposing counsel for accessing evidence and presenting a case, thereby depriving the litigant of a protected liberty or property interest?
3. Whether the use of sealed custody evaluator's report (with alleged psychological diagnosis) to justify involuntary treatment, without granting access of that report to the diagnosed party, violates HIPAA and medical privacy laws, as well as procedural due process rights?
4. Whether a state court's repeated due process violations, specifically the denial of access to sealed custody records that were used to effectively terminate parenting time, impose a protective order, and mandate psychological treatment, with the concurrent denial of meaningful notice, and opportunity to present rebuttal, exculpatory, inculpatory, and impeachment evidence, constitute a structural breakdown in judicial integrity?
5. Whether an appellate court's dismissal of a pro se parent's appeal on alleged technical grounds —without explaining the errors, without providing an opportunity to correct them, and with sanctions warnings for alleged notice of appeal defects —violates the First and Fourteenth Amendments' protections of access to courts and the right to petition by chilling good faith petitioning and precluding merits review of nonfrivolous constitutional claims?
Whether fundamental rights guaranteed by the Constitution are violated when a court denies a pro se litigant access to a sealed custody evaluator's report that was used to effectively terminate parenting time and impose restrictions, while denying meaningful opportunity to present evidence