No. 18-1300

Nevenka Obuskovic v. Kathleen L. Wood, et al.

Lower Court: Third Circuit
Docketed: 2019-04-15
Status: Denied
Type: Paid
Tags: civil-rights civil-rights,due-process,equal-protection,family-l color-of-law divorce due-process equal-protection family-court family-law forced-labor fourteenth-amendment involuntary-servitude peonage pro-se-representation
Latest Conference: 2019-06-20
Question Presented (from Petition)

Was Federal law violated under color of law, for violations of Fourteenth Amendment substantive and procedural Due Process and Equal Protection Under the Law, when husband's attorney working with family court judge discriminated against Petitioner wife denied Petitioner access to marital equitable distribution of business and personal marital monies preventing her from hiring counsel to represent and defend her in a divorce matter?

Was Fourteenth Amendment Due Process violated when Petitioner forced her to represent herself pro se, lacking knowledge and skills of an attorney, while her husband was unfairly allowed to access all monies from the marital business and marital equitable distribution to pay his licensed, practiced attorneys for the full duration of the divorce matter?

The second question presented is whether it is Forced Labor, pursuant 18 U.S.C. §1589 (under involuntary servitude and peonage statutes) to deny Due Process and Equal Protection by forcing for years a mother of two on limited income to represent herself as her own attorney without prerequisite legal skills as an attorney, under threat, duress, coercion and consequences of magnitude, and without compensation while enriching the welfare of the Adversary litigants and depleting her assets without her control.

Question Presented (AI Summary)

Was federal law violated under color of law for violations of Fourteenth Amendment substantive and procedural due process and equal protection when husband's attorney working with family court judge discriminated against petitioner wife, denied her access to marital equitable distribution, and forced her to represent herself pro se without legal skills?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-15
Brief of respondents Kathleen L. Wood, Esq., et al. in opposition filed.
2019-04-10
Petition for a writ of certiorari filed. (Response due May 15, 2019)

Attorneys

Kathleen L. Wood, Esq.; Altman, Legband and Mayrides
Christopher E. MartinMorrison Mahoney, LLP, Respondent
Nevenka Obuskovic
Nevenka Obuskovic — Petitioner