No. 18-316

Brian Arthur Weese v. Maryland

Lower Court: Fourth Circuit
Docketed: 2018-09-11
Status: Denied
Type: Paid
Tags: civil-procedure-jurisdiction civil-rights due-process facial-challenge federal-jurisdiction federal-rules jurisdictional-challenge material-allegations nonmoving-party personal-jurisdiction pleading-requirements sovereign-immunity standing subject-matter-jurisdiction sufficiency-of-pleadings
Latest Conference: 2018-11-09
Question Presented (from Petition)

The Court lacks subject matter and personal jurisdiction for the reasons below.

The Complaint presents a detailed recitation of Plaintiffs' assertions that more than satisfies the pleading requirements of a Jurisdictional Challenge of the Trial Court;

Consideration of the Complaint as a whole demonstrates that it meets the requirements established under the Federal Rules;

In reviewing a facial challenge, which contests the sufficiency of the pleadings, "the court must only consider the allegations of the complaint and documents referenced therein and attached thereto, in the light most favorable to the plaintiff".

4. The Court[s] must accept as true all material allegations set forth in the complaint and must construe those facts in favor of the nonmoving party.

Question Presented (AI Summary)

Whether the court lacks subject matter and personal jurisdiction over the case

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-08-21
Petition for a writ of certiorari filed. (Response due October 11, 2018)

Attorneys

Brian Arthur Weese
Brian Arthur Weese — Petitioner