Owolabi Salis v. Jorge Dopico, et al.
DueProcess FifthAmendment Immigration Privacy
Whether state officials can claim immunity for egregious violations of federal civil rights and constitutional protections
The Fifth Amendment to the US Constitution provides that no one shall be "deprived of life, liberty or property without due process of law." This is extended to the States under the Fourteenth Amendment which provides that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws". This requires that the States must operate within the law (substantive due process) and provide fair procedures (procedure due process). The Fourteenth Amendment ’s Due Process Clause also renders many provisions of the Bill of Rights applicable to the states. This case involved breach of protected rights, particularly, the First, Fourth, Fifth, Sixth and the ii | P a g e Eighth Amendments among others. State officials who breached the protected rights claimed immunity for their actions which the lower court agreed without consideration of the limitations. The questions presented in this case are: 1. Whether technicalities in law are means to override a clear violation of federal civil rights? 2. Whether prohibition on double jeopardy extends to civil sanctions which are applied in a manner that is punitive in nature? And whether a state official that egregiously breached the double jeopardy clause is entitled to immunity? Or whether the Double Jeopardy clause prohibits government from relitigating any issue that was necessarily decided by the jury's acquittal in a prior trial? 3. Whether the demand for an excessive punishment and bail constitutes cruel and inhuman treatment in violation of the Eighth Amendment to the US Constitution? And whether a state official that iii | P age egregiously engaged in such contravention is entitled to immunity? 4. Whether knowing adoption of false testimony violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution 5. Whether retaliation against a publisher that published a truthful article that presents no danger to the community amounts to violation of the First Amendment to the US Constitution 6. Whether the Fourth Amendment is violated where law enforcement intentionally or recklessly includes false information or misrepresentations in an affidavit for a search warrant in order to gain probable cause? 7. Whether a state official who knowingly served as a complainant, a witness, a prosecutor and partially a judge in contravention of the Separation of Powers Principle is entitled to state immunity? 8. Whether a state official can knowingly and i v |P age egregiously reverse a Jury Verdict and still be entitled to state immunity? 9. Whether a state official that carries out an act or omission without jurisdiction is entitled to state immunity? 10. Whether there is a waiver of State Sovereign Immunity by implication when the State consents to participation in an exclusive federal matter? 11. Whether a state official that knowingly breached the official rules and guidelines and the rule of law is still acting in official capacity?