No. 18-6376

Adem Albra v. Board of Trustees of Miami Dade College, et al.

Lower Court: District of Columbia
Docketed: 2018-10-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law civil-rights constitutional-rights disability disability-discrimination disability-rights due-process exculpatory-evidence free-speech higher-education retaliation standing
Key Terms:
AdministrativeLaw ERISA DueProcess FirstAmendment Securities
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (from Petition)

Did the Public College take away the Petitioner's right to earn a living in whatever vocation he chooses, indirectly, by expelling him, twice, for being a "direct threat", and, where the College admits Petitioner is not a direct physical threat?

Conflicting Opinions exists from two different circuits. The DC Court of Appeals accepted the diagnosis from a Public College that Petitioner is a "direct [verbal] threat" so severe, he can never attend higher education, even with reasonable accommodation.. The 11th Circuit, case #18-12197, 11th Circuit Court of Appeals, has a ruling from its District Court that Petitioner is not disabled, and can work. Both the ALJ for SSA and the District Court were fully aware of the College's finding, and the DC Circuit opinion. Therefore, this Court needs to determine if Petitioner is a direct threat and disabled as conflicting opinions are rendered against him; in the interim, the PetLioner is deprived of his liberty and property interest for three and a half year now, and counting.

Petitioner has exculpatory evidence where his doctor of psychiatric stated he is not a direct threat. He also a world renown forensic psychologist expert who's performed over 20,000 evaluations, with extensive court testimony, who stated that the College's motivation for removing Petitioner from College had nothing to do with him being a direct threat, but, was the College's retaliation for free speech, at the very minimum. He also stated the College's psycio1ogist failed to list Petitioner's known mental disabilities. Therefore, is the DC Court of Appeals ruling creating a precedent where Courts no longer have to consider exculpatory evidence as the DC Court did to Petitioner?

Can federal agencies violate an individual's Constitutional Rights, as well as fail to follow their own rules, precedents, High Court rulings, and case handling procedures, without explanation or cause?

According to the CDC 78% of Americans living with HIV/AIDS live in poverty, with nearly 70% living in extreme poverty with incomes of less than $10,000. Also, 1 out of every 2 persons living with HIV/AIDS will become homeless in their lifetime. The next closest group of Americans living in poverty is Americans with Disabilities at 30%, of which, HIV/AIDS in included. Therefore, does this case reflect the overwhelmingly institutional biases that exist in America against persons with HIV/AIDS, and reflect that persons with HIV/AIDS are not afforded the same protections as other Americans?

Did the State College violate Petitioner's rights of the U.S. Constitution, specifically the 1st and 14th Amendment to the U.S. Constitution, by taking away his liberty, property interest, and retaliated by his exercising free speech, all without the required due process?

Did both the State (State College), and the U.S. Department of Education, deliberately ignore exculpatory evidence to deprive Petitioner his right to pursue a vocation of his choosing, and the education needed to obtain it?

Did both the State (State College), and the U.S. Department of Education provide the Petitioner the, approp

Question Presented (AI Summary)

Did the Public College take away the Petitioner's right to earn a living in whatever vocation he chooses, indirectly, by expelling him, twice, for being a 'direct threat', and, where the College admits Petitioner is not a direct physical threat?

Docket Entries

2019-03-04
Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-07
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-01-07
Petition for Rehearing filed.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Waiver of right of respondent Catherine E. Lhamon, et al. to respond filed.
2018-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2018)

Attorneys

Adem Albra
Adem A. Albra — Petitioner
Catherine E. Lhamon, et al.
Noel J. FranciscoSolicitor General, Respondent