No. 19-5808

Sean M. Donahue v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-09-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 2nd-amendment civil-rights constitutional-rights due-process first-amendment free-speech labor-anti-injunction-act retaliation retaliatory-prosecution second-amendment selective-prosecution standing takings
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (from Petition)

ARE THE ACTIONS DESCRIBED IN THE EMAIL IN QUESTION ARE 1.
PROTECTED BY THE US SECOND AMENDMENT?
SUGGESTED ANSWER: YES

2. IS THE LANGUAGE USED IN THE EMAIL IN QUESTION IS PROTECTED
BY THE US FIRST AMENDMENT?
SUGGESTED ANSWER: YES

3. IS THE LANGUAGE USED IN THE EMAIL IN QUESTION IS PROTECTED
BY THE PENNSYLVANIA LABOR ANTI-INJUNCTION ACT OF JUN. 2, 1937,
PL. 1198, No. 308?
SUGGESTED ANSWER: YES

4. IS THE ARREST AND PROSECUTION APPEALED HEREIN CONSTITUTED
RETALIATORY AND SELECTIVE PROSECUTION.
SUGGESTED ANSWER: YES

5. GIVEN THE TOTALITY OF THE CIRCUMSTANCES, IS NEITHER CRIME
NOR PROBABLE CAUSE?
SUGGESTED ANSWER: YES

Question Presented (AI Summary)

Whether the actions described in the email are protected by the US Second Amendment

Docket Entries

2019-12-16
Rehearing DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-10-28
Petition for Rehearing filed.
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
Waiver of right of respondent Pennsylvania to respond filed.
2019-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)

Attorneys

Pennsylvania
Christopher Joseph SchmidtPennsylvania Office of Attorney General, Respondent
Sean Donahue
Sean M. Donahue — Petitioner