No. 19-7378

Octavio Diaz v. San Bernardino County, California, et al.

Lower Court: California
Docketed: 2020-01-22
Status: Denied
Type: IFP
IFP
Tags: 2nd-amendment brady-v-maryland brady-violation circuit-conflict civil-rights civil-rights-violation discriminatory-arrest due-process free-speech manuel-v-city-of-joliet probable-cause second-amendment self-defense
Latest Conference: 2020-03-20
Question Presented (from Petition)

Petitioner 's case was wrongly affirmed by the California Court of Appeal for
reasons of "probable cause ", despite the fact that Manuel v. City of Joliet, 137 S. Ct. 911,
919-920, and fn. 8 (2017), allows the Superior Court to review a lack of probable cause,
despite the fact he was later found not guilty by a Jury. The Petitioner 's complaining
witnesses were drug addicts, one of them was a convicted felon, a fact that was not
disclosed until the criminal trial in violation of Brady v. Maryland, 373 U.S. 83, 3 S. Ct.
1194; 10 L. Ed. 2d 215 (1963). This Court also summarily reversed the case of Sanders v.
Jones, 845 F.3d 721, 733-735, and fn. 7 (6th Cir. 2017), Certiorari granted and
summarily rev 'd on Jan. 8, 2018, where the Sixth Circuit also wrongly affirmed because
the plaintiff in that case was indicted before a Grand Jury before her criminal case was
dismissed.

Petitioner presents the following questions:

1. Was the California Court of Appeal in conflict with now, the Second, Third,

Fifth, Sixth, Seventh, and Tenth Circuits, and the Oklahoma Court of Civil
Appeals when the California Court of Appeal affirmed the Order Sustaining
Demurrer and Order granting Summary Judgment based on the alleged fact
that there was "probable cause " even though Petitioner was exercising his
Second Amendment rights, contrary to Manuel v. City of Joliet, 137 S. Ct. 911,
919-920, and fn. 8 (2017), when Petitioner was deprived of his evidence that
was truthful, and under Brady v. Maryland, 373 U.S. 83, 3 S. Ct. 1194; 10 L.
Ed. 2d 215 (1963)?

2. Was the California Court of Appeal without jurisdiction to solely rely on a
false hearsay-laden Police Report in order to affirm the Order Sustaining
Demurrer and Order granting Summary Judgment based on the alleged fact
that there was "probable cause " even though Petitioner was exercising his
Second Amendment rights, contrary to Manuel v. City of Joliet, 137 S. Ct. 911,
919-920, and fn. 8 (2017)?

3. Was the California Court of Appeal without jurisdiction, and in conflict with
the Ninth Circuit, in that the Respondent Sheriff and the Respondent Deputies
are local (not State) officers under California law?

4. Was the California Court of Appeal without jurisdiction, and in conflict with
the Ninth Circuit, in that Petitioner was allowed to be free from a
discriminatory arrest under 42 U.S.C., §§1985(2) and (3), and 1986?

5. Was the California Court of Appeal without jurisdiction, and in conflict with
the Ninth Circuit, in that Petitioner was subjected to discrimination under the
Americans with Disabilities Act when Respondent Deputies assigned
Petitioner to an upper bunk contrary to both said Act and a Court Order?

Question Presented (AI Summary)

Was the California Court of Appeal in conflict with other circuits on the issue of probable cause and Second Amendment rights?

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-01-24
Blanket Consent filed by Petitioner, Octavio Diaz.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2020)
2019-11-14
Application (19A536) granted by Justice Kagan extending the time to file until January 18, 2020.
2019-11-08
Application (19A536) to extend the time to file a petition for a writ of certiorari from November 19, 2019 to January 18, 2020, submitted to Justice Kagan.

Attorneys

Octavio Diaz
Octavio Diaz — Petitioner