No. 19-7989

Roger Bryner v. Clearfield City, Utah, et al.

Lower Court: Utah
Docketed: 2020-03-13
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights due-process free-speech judicial-bias rule-of-law standing summary-judgment utah-rule-of-civil-procedure-83
Latest Conference: 2020-05-15
Question Presented (from Petition)

Once the "unmeritorious ... redundant, immaterial, impertinent or scandalous " bar of Utah Rule of Civil Procedure 83C(a)(l)(C) is interpreted fairly, must it be invalidated especially in light of the ruling of the US Supreme Court in IANCU v. BRUNETTI?

2) Has the almost all-mormon judiciary of the State of Utah applied the overbroad language of Rule 83(a)(1)(C) to punish those who legitimately question it's correct function and provide evidence of personal bias and systematic bias related to religion?

3) Was it correct for the Court of Appeals to affirm summary judgment when there not only was disputed material facts, but evidence discovered prior to the decision shows the affidavits of law enforcement were perjured?

4) Did the Court of appeals misrepresent the standard for prevailing under Rule 83 when it ruled that opposition to dismissal after outright surrender of an opponent is vexatious and failure to make a finding under 83(c)(1)(B) was harmless and substituted for by the final order, despite (c)(2) saying it is not the same.

5) Are the actions of the Utah Courts a violation of the due process provisions of the US Constitution?

Question Presented (AI Summary)

Issues being raised

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2020)

Attorneys

Roger Bryner
Roger Bryner — Petitioner