No. 18-1527

Rattan Nath v. New Jersey

Lower Court: New Jersey
Docketed: 2019-06-11
Status: Denied
Type: Paid
Tags: civil-rights criminal-liability due-process equal-protection ordinance-enforcement property-rights racial-discrimination revenue-generation selective-enforcement takings vague-ordinance
Latest Conference: 2019-10-01
Question Presented (from Petition)

Can New Jersey courts provide cover to racial discrimination by imposing strict criminal liability—even when there is no public nuisance or any compromising of public safety, or health— under a vague ordinance used for revenue generation that criminalizes recycling and requires Petitioner to create a public hazard by dumping loose leaves and recyclable debris/mulch on active roadways: all to raise revenue from singled out minority Petitioner by dispensing with Due Process?

II. Is it a taking when New Jersey's regulation enforcement vests unfettered discretion in State actors to single out Petitioner for deprivation of meaningful control over his property taken as a whole in order to impose public burdens, such as raising revenue, which, in all fairness and justice, should be borne by the public as a whole

Question Presented (AI Summary)

Can New Jersey courts provide cover to racial discrimination by imposing strict criminal liability under a vague ordinance used for revenue generation that criminalizes recycling?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-06-05
Petition for a writ of certiorari filed. (Response due July 11, 2019)

Attorneys

Rattan Nath
Rattan Nath — Petitioner