No. 18-8966

Eric Drake, aka E. V. Drake v. United States District Court for the Eastern District of Texas

Lower Court: Fifth Circuit
Docketed: 2019-04-23
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-rights constitutional-rights court-access due-process equal-protection free-speech pro-se-litigation standing vexatious-litigant
Key Terms:
SocialSecurity DueProcess FirstAmendment FourthAmendment JusticiabilityDoctri
Latest Conference: 2019-06-20
Question Presented (from Petition)

Petitioner is a citizen of the United States of America. Pursuant to the U.S. Constitution and the Bill of Rights, he has rights to bring lawsuits, defend lawsuits, give evidence, have access to the courts, and the same protections as white citizens. This case represents a disturbing trend of both state and federal courts in denying pro se citizens their rights to bring lawsuits in forma pauperis. Several states have vexatious litigant laws to allegedly prevent pro se litigants from bringing lawsuits that have merit without first obtaining permission from an administrative law judge to review the case. Petitioner has been determined as a vexatious litigant in Travis County, Texas. As a result, the Petitioner has lost over a million dollars in compensation regarding several claims. After being wrongfully declared vexatious by Travis County state court, attorney's who has signed written agreements to represent Drake in civil litigation have withdrawn from representing him. Other attorneys have refused to represent the Petitioner upon discovering he was wrongfully declared vexatious.

In 2014, Petitioner had an accident were he was rearended. Liability was clearly the responsibility of other party. The accident resulted Drake having to undergo surgery on his lumbar spine. However, the judge who was appointed as the administrative law judge in Tarrant County, Texas denied Drake the right to file his lawsuit. This action violated the Petitioner's right to have access to the courts; it was a violation of 42 Usc §1981, it violated Petitioners 14th Amendment rights of due process, as well as Drake's first amendment right of speech (to petition), and Petitioner's constitutional rights in general.

Question Presented (AI Summary)

Whether the denial of a pro se litigant's right to access the courts through vexatious litigant laws and rulings violates the petitioner's constitutional rights under the First, Fifth, and Fourteenth Amendments

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-07-03
Petition for Rehearing filed.
2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Eric Drake
Eric Drake — Petitioner