No. 20-108

Paul Poupart v. Jeff Landry, Attorney General of Louisiana, et al.

Lower Court: Fifth Circuit
Docketed: 2020-07-31
Status: Denied
Type: Paid
Response Waived
Tags: 1983 civil-rights due-process first-amendment state-conviction supremacy-clause
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether the standards in Heck v. Humphrey, should continue to apply to state convictions which are deemed unconstitutional and whether the invalidation of a state statute gives a state prisoner a civil right to challenge the state punishment imposed from a federal court under the Supremacy Clause of the United States Constitution?

Whether the federal statute of Title 42 U.S.C. § 1983 is constitutional towards state prisoners in a suit challenging the duration of confinement based on the Supremacy Clause and the federal objective to enforce the First Amendment by the Acts of Congress?

Whether the decision of Seals v. McBee, 898 F.3d 587 (2018), is applicable to the State of Louisiana incorporating a violation of the First Amendment to the Constitution?

Question Presented (AI Summary)

Whether the standards in Heck v. Humphrey should continue to apply to state convictions which are deemed unconstitutional

Docket Entries

2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-31
Waiver of right of respondent Landry, Att'y Gen. of LA, et al. to respond filed.
2020-07-17
Petition for a writ of certiorari filed. (Response due August 31, 2020)

Attorneys

Landry, Att'y Gen. of LA, et al.
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Paul Poupart
Paul Poupart — Petitioner