No. 19-5611

Johnny Lee Howze v. California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2019-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment. civil-procedure due-process equal-protection standing civil-procedure civil-rights due-process property-rights standing takings
Latest Conference: 2019-10-01
Question Presented (from Petition)

dating one, does treatment of this-if such is with out success-justify denial of a Request ForAccommodation?

2. If a disabled party is treated, without recciving accommodation, under the 8th Amendment to the .S. Constitution, does denial Of a Request For Accommodation Fiy in the Face of the pronibition of Cruel and Unusual Punishment?

3. Is treating a disability the same thing as accom modating one?

A. Did tne court below misapprehend that Howze took issue as to the "treatment' of his disability?

5. In investigating Howze's Request For Accommodation-towit: Forhis disability-was the "need For said accommodation (actuallyl investigated...or ...was the investigation "mimited to whether, or not, Howze received adequate treatment For his disabiliy?

6. Did crcR act pursuant to the dictates oF Dovall, 260 F.3d 1124 ( 9+h C1r. 2001 )?

7. Is there a distinction between a medical conditions a disability?

Question Presented (AI Summary)

Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-27
Waiver of right of respondent California Department of Corrections and Rehabilitation to respond filed.
2019-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

California Department of Corrections and Rehabilitation
Andrew M. GibsonOffice of the Attorney General for the State of California, Respondent
Johnny Lee Howze
Johnny Lee Howze — Petitioner