No. 18-8674

Dewayne Montgomery v. Garry Lewis Properties

Lower Court: Louisiana
Docketed: 2019-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-proof civil-procedure civil-rights discovery due-process landlord-tenant precedent slum-landlords standing summary-judgment tenant-rights tenants
Key Terms:
AdministrativeLaw SocialSecurity Immigration
Latest Conference: 2019-05-30
Question Presented (from Petition)

Whether the court of appeal's decision below, which effectively shifted the burden of proof onto Petitioner, a non-moving party at the summary judgment stage, without adequate discovery, is contrary to established precedent.

Whether the inequitable nature of the erroneous decision, as well as its adverse effect on tenants in the State of Louisiana and nationwide, who rely on protection from slum landlords, merits this Court's review.

Question Presented (AI Summary)

Whether the court of appeal's decision below, which effectively shifted the burden of proof onto Petitioner, a non-moving party at the summary judgment stage, without adequate discovery, is contrary to established precedent

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-04-29
Waiver of right of respondent Garry Lewis Properties to respond filed.
2019-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2019)

Attorneys

Dewayne Montgomery
Dewayne Montgomery — Petitioner
Garry Lewis Properties
Drake L. LewisDrake L. Lewis, Respondent