Keith Allen Kiefer v. Isanti County, Minnesota, et al.
FirstAmendment DueProcess
Whether the petition stage of Supreme Court review constitutes a 'federal court proceeding' for purposes of tolling state tort statute of limitations under 28 U.S.C. §1367(d)
To protect the right of access to the courts under the First Amendment’s Petition Clause, during the petition stage of this Court seeking review of federal constitutional claims arising from a federal court action with supplemental state tort claims, whether this Court’s petition stage is a statutory right to petition under 28 U.S.C. §2101(c) (granting 90 days to file a petition for a writ of certiorari) as a “federal court proceeding” and hence, a filed petition a matter “pending” sub judice as declared in 28 U.S.C. § 1367(d) to continue the tolling of state tort statute of limitations until a final Court order is issued.