No. 18-1096

Charles G. Kinney v. Tani G. Cantil-Sakauye, et al.

Lower Court: Ninth Circuit
Docketed: 2019-02-22
Status: Denied
Type: Paid
Experienced Counsel
Tags: as-applied-challenge civil-procedure civil-rights constitutional-challenge due-process facial-challenge first-amendment free-speech judicial-discretion pro-se-litigation retaliation standing vexatious-litigant
Latest Conference: 2019-04-26
Question Presented (from Petition)

Calif. vexatious litigant law is unconstitutionally vague on its face. The language is unclear as to: (a) what is "litigation"; (b) what has or doesn't have "merit"; (c) what are "reasonable expenses" that must be posted for "security"; (d) what can be counted as 5 losses; (e) how far back is 7 years; and (f) which "presiding" justice can rule on this. The statute only applies to plaintiffs "in propria persona", but it has been applied to non-parties, to defendants, and to attorneys for defendants and for plaintiffs by judges who decided each was also a "vexatious litigant" ("VL"). In each role above, Kinney has been penalized: (1) without testimony under oath as to the VL criteria; and (2) without allowing him a chance to complete any appeals. The VL statute requires 5 out of 7 losses during a period of 7 years, but that can occur in 1 case with 6 defendants since Calif requires an appeal in 60 days for each dismissed defendant. A plaintiff can "lose" against 5 defendants, but "win" the case against the 6th defendant and still be called a VL. Kinney filed a facial and as-applied challenge to VL laws that was dismissed sua sponte; and his appeal was not allowed to proceed. This continues 10+ years of retaliation by: (1) refusing to correct COA rulings that are directly-inconsistent: (2) mislabeling Kinney as a VL in state and federal courts; (3) dismissing his cases sua sponte, and (4) dismissing his appeals before any are completed. Why can't Kinney get any 1st Amendment rights?

Question Presented (AI Summary)

Is California's vexatious litigant law unconstitutionally vague?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-02-04
Petition for a writ of certiorari filed. (Response due March 25, 2019)

Attorneys

Charles Kinney
Charles G. Kinney — Petitioner