No. 18-6444

James E. Whitney v. Wendy Kelley, Director, Arkansas Department of Correction, et al.

Lower Court: Eighth Circuit
Docketed: 2018-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-and-statutory-provisions due-process federal-and-state-cases free-speech issues-presented jurisdiction opinion standing statement-of-the-case table-of-contents takings
Latest Conference: 2018-11-16
Question Presented (from Petition)

1) Is it not the mission and function of the courts of this republic to hold those individuals in positions of power and authority in the world-of-man Government contracts accountable for their actions, omissions, conduct, and decisions made, protecting the Sovereign people from which the derive their commission; upholding and executing the restraints found expressed in the constitution?

2) By what means and for what purpose does the world-of-man Government construct of the American Republic exist?

3) From where can the claim of Immunity, in any form or fashion, be found for individuals serving or employed in constitutional and/or legislature created positions with in the founding documents of the American Republic?

4) Is the living breathing sentient natural mortal not the sovereign over and above the world-of-man Government constructs known as the United States, any of the States of the Union, there agencies, Departments, and sub-divisions or are they to be sub-servant and subjugated to these institutions among men?

5) Should the personal and individual political, ethical and professional views, or moral positions of a Public Servant have any bearing or influence on their actions, conduct, orders, judgments, or opinions during the execution of their duties?

6) Did the United States District Court of the Eastern District of Arkansas, Pine Bluff Division abuse their discretion, acting outside their proper range of choices?

Question Presented (AI Summary)

Whether the petitioner's constitutional rights were violated by the respondents' actions

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-30
Waiver of right of respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. to respond filed.
2018-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

James E. Whitney
James Edward Whitney — Petitioner
Wendy Kelley, Director, Arkansas Department of Correction, et al.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent