No. 19-6311

Adam Douglas Boylen v. United States

Lower Court: Sixth Circuit
Docketed: 2019-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights claim-exhaustion constitutional-law due-process foreclosure habeas-corpus ninth-circuit petition-preclusion procedural-default record standing state-court-record takings
Latest Conference: 2019-11-15
Question Presented (from Petition)

Whether, in light of Jones v. United States, 529 U.S. 848 (2000), and the interpretive rule that constitutionally doubtful constructions should be avoided, 33 U.S.C. 1311(a), as applied to a truck driver for an independent contractor, the present case is constitutional.

Whether the term "person" as Congress has defined in the Clean Water Act limits its application to only an exclusive class by the use of the word "means" and if so does the word "individual" listed therein apply to and mean only non-humans.

Does a guilty plea and waiver preclude a constitutional claim not to be haled into court when a fact on the face of the record disproves an element of the offense.

Whether the Clean Water Act requires strict criminal interpretation given its dual civil and criminal applications imposed without statutory restitution authority.

Question Presented (AI Summary)

Whether the court erred in dismissing the petitioner's claims based on the Takings Clause of the Fifth Amendment

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-24
Waiver of right of respondent United States to respond filed.
2019-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2019)

Attorneys

Adam D. Boylen
Adam D. Boylen — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent