James Arthur Ross v. John Myrick, Superintendent, Two Rivers Correctional Institution, et al.
Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 976 (9th Cir. 2004), outrightly barred any litigation on the matters no matter how similar or different and especially when the passage of time has produced evidence that is in direct conflict with the decision in that case?
Did the District Court error in not allowing the plaintiff to proceed to trial to present evidence as noted by the 6th Circuit that pertains to new evidence and expert testimony backed by actual studies that have been done recently that directly conflict with rulings in Bahrampour, which was not based off of such studies?
Did the District Court error in dismissing the Plaintiffs case before and without ever hearing or ruling on his Motion(s) for Expert Testimony and Discovery? Alternatively, did the district court error in not allowing a pro se litigant any discovery or expert witness?
Did the District Court error by not appointing counsel to represent the plaintiff in this complex case? Alternatively, did the District Court abuse it's discretion in not even requesting the appointment of counsel? Alternatively, does a District Court have "inherent authority " to appoint counsel despite what the FRCP may or may not authorize?
Did the District Court error by ignoring the wording of OAR 291-131-0035(1 )(e), which does allow for such material as it does contain language that specifically states that "such material shall be permitted if it obtains literary, social or educational value "?
Are the Defendants intentionally violating the rules and the Plaintiffs Constitutional rights to impose their own moral presumptions on him as in Pepperling v. Crist, 678 F.2d 787, 790 (9th Cir. 1982)? Alternatively, did the District Court error in not allowing the petitioner to bring this issue to a jury?
Did the District Court error in determining that Plaintiffs magazine rose to the level of a penological interests as required by law in order for the defendants to infringe upon his Constitutional rights? Alternatively, did the District Court error in determining that the defendants proved that threshold in this particular case and circumstances?
Does allowing Transgender inmates in a men's prison to wear eyeliner, eye shadow, lipstick, hairspray, nail polish, bras, panties and so much more, all of which is sold to everyone freely through the Prison's commissary, in order to portray themselves as the female figure, which some do so specifically to entice men sexually, does this not by itself usurp any assertion of penological interests that the defendants could possibly raise or alternatively, is this not genuine issues of fact suitable for trial?
Did the District Court error in determining that the defendants had met their threshold to satisfy summary judgment, especially before shifting the burden onto the plaintiff?
Did the District Court error in determining that plaintiff received a fair administrative review?
Did the District Court error in determining that Plaintiffs case had no genuine issues of fact suitable for trial?
Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 976 (9th Cir. 2004), outrightly barred any litigation on the matters no matter how similar or different and especially when the passage of time has produced evidence that is in direct conflict with the decision in that case?