No. 18-6503

Thomas P. Richard, Sr. v. District Attorney of Westmoreland County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2018-10-31
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-procedure civil-rights due-process fundamental-fairness habeas-corpus prohibited-punishment section-1983 standing structural-error
Latest Conference: 2019-01-04
Question Presented (from Petition)

Did the Courts below commit structural error by usurping Law to improperly re-characterize a Class Action §1983 Complaint as Habeas Corpus which seriously undermines fundamental fairness, reaching the desired hypothetical judgment, where the State's "Access to the Courts" scheme is inherently unreliable to process a claim of a now declared prohibited punishment?

Should the question left open in Lewis v.Casay, be now fully answered by This Court, with respect to the question above?

Question Presented (AI Summary)

Did the Courts below commit structural error by usurping Law to improperly re-characterize a Class Action §1983 Complaint as Habeas Corpus

Docket Entries

2019-01-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

Thomas P. Richard
Thomas P. Richard Sr. — Petitioner