No. 20-1091

Robert L. Schulz v. Town Board of the Town of Queensbury, et al.

Lower Court: New York
Docketed: 2021-02-10
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights due-process first-amendment government-accountability government-obligations petition-clause public-records republican-form-of-government state-statute
Latest Conference: 2021-04-16
Question Presented (from Petition)

1. Whether the lower Court has misapplied Minne
sota State Bd. for Community Colls, v. Knight, 465
U.S. 271 (1984) in ruling Respondent Town Board
was not obligated to respond to Petitioner 's First
Amendment Petition for Redress of its knowingly
false entries in a written instrument constituting
a record of its public office.

2. Whether the lower Court has overlooked Garcetti
v. Ceballos, 457 U.S. 410 (2006) and Borough of
Duryea u. Guarnieri, 564 U.S. 379 (2011) in ruling
the Town Board was not obligated to respond to
said Petition for Redress.

3. Whether the lower Court has overlooked the His
torical Record of the Petition Clause in ruling the
Town Board was not obligated to respond to said
Petition for Redress.

4. Whether Petitioner 's Right to a "Republican Form
of Government, " guaranteed by Article IV, Section
4 of the Constitution for the United States, was
infringed when Respondent Town Board made
knowingly false entries in a written instrument
constituting a record of its public office, and re
fused to respond to Petitioner 's First Amendment
Petition for Redress of the violations.

5. Whether a State statute can deprive a citizen of
the United States of the protections afforded by
the Guarantee and Petition Clauses.

Question Presented (AI Summary)

Whether the lower Court has misapplied Minnesota State Bd. for Community Colls. v. Knight, 465 US. 271 (1984)

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-05
Waiver of right of respondent Town Board of the Town of Queensbury, John Strough, Supevisor to respond filed.
2021-02-03
Petition for a writ of certiorari filed. (Response due March 12, 2021)

Attorneys

Robert L. Schulz
Robert L. Schulz — Petitioner
Town Board of the Town of Queensbury, John Strough, Supevisor
Jacquelyn P. WhiteMiller, Mannix, Schachner & Hafner, LLC, Respondent