No. 25-5774

Jason Adam Jensen v. United States, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-10-01
Status: Denied
Type: IFP
IFP
Tags: civil-procedure constitutional-rights due-process in-forma-pauperis mental-illness pro-se-litigant
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2025-12-05
Question Presented (AI Summary)

Does the in forma pauperis dismissal process under 28 U.S.C. § 1915(e)(2)(B) (ii) deprive pro se litigants with mental illness of due process and procedural safeguards?

Question Presented (OCR Extract)

1. Does the in forma pauperis dismissal process under 28 U.S.C. § 1915(e)(2)(B) (ii), which applies the Rule 12(b)(6) "failure to state a claim" standard sua sponte and prior to service of process, deprive pro se litigants, particularly those with mental illness and disabilities, of the procedural safeguards and full application of rules typically afforded under Rule 12(b)(6), thereby creating an insurmountable barrier to justice and effectively removing any means of getting remedy for the already legally neglected mentally ill, constituting a profound due process violation? 2. Does the application of state involuntary commitment statutes, particularly when predicated on vague "erratic behavior" and prejudicial neighbor reports rather than a rigorous, evidence-based standard of "dangerousness," create a de facto unconstitutional burden or discrimination against individuals with disabilities, thereby undermining the Americans with Disabilities Act's (ADA) mandate and warranting a facial or quasi-facial constitutional challenge to prevent the weaponization of mental health crises against vulnerable citizens? 3. Does an officer's act of merely "checkboxing" criteria for dangerousness and incapability of self-care on a civil commitment form, despite contradictory on scene observations by the officer himself (who initially dismissed a "mental crisis" and suspected drug use) and the lack of objective facts supporting the detention, automatically confer qualified immunity and thereby nullify the protections afforded by 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (ADA) for disabled individuals subjected to involuntary commitment based on subjective ✓ prejudice rather than objective threat? 4. Does a private medical facility, which detains individuals through an involuntary commitment statute and receives federal funds explicitly designated for mental health programs and crisis intervention, qualify as a "state actor" under 42 U.S.C. § 1983, or operate in a symbiotic relationship with the state, such that it cannot be shielded from liability and deny due process to involuntarily committed disabled persons, especially when it allegedly denies habeas corpus access and fails to document grievances? 5. Can the State of Florida, or any state, disenfranchise the mentally ill and nullify the First Amendment right to religion by compelling participation in "treatment" where efficacy is purportedly proven solely by statistical analysis of subjective opinions regarding a patient's functioning, rather than objective, verifiable medical outcomes, thereby violating fundamental constitutional rights? 6. Has the State of Florida, and all states with civil commitment laws, placed an unconstitutionally high burden on the Writ of Habeas Corpus, where the state can hold a person based on subjective criteria like "psychosis, agitated, refusing meds," but the detained individual, at the mercy of the hospital for service of process and access to documents, must draft a formal and sophisticated writ while being forcibly drugged with chemicals proven to disrupt complex thinking, memory, and even basic bodily functions (e.g., Tardive Dyskinesia), thereby effectively denying the fundamental right to challenge unlawful u;detention? 7. Does the opinion by the Court, which specifies how difficult the legal process is to enforce the Americans with Disabilities Act, by the Court's own warning, demonstrate that the ADA is not enforceable by the mentally ill persons it legislates protection for, and by requiring a lawyer, who needs payment, from a class of persons whereas the state has extended some manner of immunity to everyone except the mentally ill, specifically foreclosed any legal assistance in enforcing the ADA? IL

Docket Entries

2025-12-08
Petition DENIED.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2025)

Attorneys

Federal Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Jason Jensen
Jason Adam Jensen — Petitioner
Jason Adam Jensen — Petitioner