No. 19-737

James Nathaniel Douse v. United States, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-12-10
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: camp-lejeune civil-rights disability disability-statute due-process eleventh-circuit federal-courts federal-district-court north-carolina standing state-legislator takings toxic-exposure toxic-water
Latest Conference: 2020-05-28 (distributed 2 times)
Related Cases: 19-982 (Vide)
Question Presented (from Petition)

QUESTIONS A through K. Pursuant to Rule 10 and Rule 11. Answering these short questions will resolve our issues and concerns with The Eleventh Circuit Court of Appeals, The Federal District Court of Northern Georgia and The Intent of North Carolina State Legislator.

I am currently 100% permanently and Total Disabled because of my consumption of Camp Lejeune Toxic Water, November 1976 to January 1977 as a Private Citizen. See N.C. Disability Statutes See Appendix, App. 47-52.

While the Camp Lejeune North Carolina Toxic Water situation was tragic, the North Carolina Disability Laws enclosed and North Carolina Failure to Warn Statutes enclosed are Mandatory Directives, enacted before year 1961, . . .in which both of these Laws and Statutes were ignored by both the District Court and Eleventh Circuit Court of Appeals. These North Carolina Disability Laws and North Carolina Failure to Warn Statutes will ultimately show that my Claim is Timely, Filed in year 2012, and the cause of my Disabilities and Injuries as a Private Citizen where the many negligent decisions made by the Defendants. See Camp Lejeune Toxic-Water-Map, App. 53.

A). Petitioner seeks review of North Carolina State Disability Law § l-17(a) Disabilities. Whether this Statute is applicable to an ex-serviceman and or private citizen living as a private citizen on a U.S. Military Base that was Not engaged in Military Activities nor Duties.

B) . Petitioner seeks review of the North Carolina Law § 1-19. Cumulative disabilities. (Does Supervenes Diseases include Latent Diseases ?) seeing that This Statute Provides: "When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation does, North Carolinas ' Statute of Limitation nor and North Carolinas ' Statute of Repose, not attach until they all are (Disabilities) removed. " Under North Carolina Law § 1-19 is "Supervenes Diseases " constructed or Interpreted as Latent Diseases? and Does Latent Diseases includes Supervenes Diseases?

C) . Petitioner seeks review Whether A Petitioner at age 19 years old in December 1976 and Pursuant to North Carolina State Disability Law § l-17(a). Would that person be considered disabled if he met one or more of the following condition: (1) the person is within the age of 18 years; (2) the person is insane; (3) the person is incompetent as defined in N.C. Gen Stat § 35A-1101(7) or (8). In general, the Federal Tort Claims Act ("FTCA ") waives the United States ' sovereign immunity when its employees act negligently within the scope of their official duties. See 39 U.S.C. § 409 (c); 28 U.S.C. § 1346(b)(1). The Petitioner Claim arose out of the Personal Injury ... as a Private Citizen.

D). Petitioner seeks review Whether the United States is liable. ... Where a Claim is Timely filed under North Carolina Disability Laws: North Carolina Disability § 1-17; North Carolina Disability § 1-19; North Carolina Disability § 1-20; AND North Carolina Law § 35A-1101(7) and (8).

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals and the Federal District Court of Northern Georgia erred in their interpretation and application of the North Carolina state legislature's intent regarding the Camp Lejeune water contamination issue

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-06-24
Petition for Rehearing filed.
2020-06-01
Petition DENIED.
2020-05-18
Second Supplemental brief of petitioner James Nathaniel Douse filed. (Distributed)
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-02-13
Supplemental brief of petitioner James Nathaniel Douse filed.
2020-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
2020-01-09
Waiver of right of respondent United States, et al. to respond filed.
2020-01-07
Motion to extend the time to file a response from January 9, 2020 to February 10, 2020, submitted to The Clerk.
2019-10-07
Motion (19M16) for leave to proceed as a veteran Denied.
2019-07-17
MOTION (19M16) DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Motion (19M16) for leave to proceed as a veteran filed.
2019-06-26
Petition for a writ of certiorari filed. (Response due January 9, 2020)

Attorneys

James Nathaniel Douse
James N. Douse — Petitioner
Linda Jones et al.
Jay L. T. BreakstoneParker Waichman LLP, Respondent
United States, et al.
Jeffrey B. WallActing Solicitor General, Respondent