No. 20-1575

Americare Emergency Medical Service, Inc. v. New Jersey Office of Emergency Medical Services, et al.

Lower Court: New Jersey
Docketed: 2021-05-13
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights due-process equal-protection property-rights standing
Latest Conference: 2021-09-27
Question Presented (from Petition)

On June 16, 2019 Superior Court Judge Lynott reversed AmeriCare's license suspension after findings of provable due process and civil rights violations and reinstated Americares's license/ property rights and standing. The Appellate Division cited the sole basis of their ruling on two (2) key status terms regarding licensure, being "Expired" or "Revoked". They claimed that once a license was "expired" or "revoked this negated standing. AmeriCare's license was Never "revoked" or "expired" at any time during these proceedings.

1. Does the Appellate Division's ruling regarding standing remain valid if both of the status terms the Court relied upon were held f actually inaccurate, which would have given Ameri Care legal standing to challenge a constitution due process violation by a State Agency of a taking of property (a license)?

2. Do the determinations of State agencies that deprive African Americans and comm unities of color the specialized emergency and critical healthcare services afforded other communities in the state violate the Equal Protection clause of the 1 4th Amendment as well as the State Constitution's due process and equal protection requirements?

3. Does the State Appellate Division opinion violate the United States Constitution's Equal Protection Clause requirements when it declines to consider or examine evidence found by the Trial Court that disclose acts of State Agencies constituting a "taki ng" of property (a license) without complying with constitutionally due process procedures?

4. Does a state agency's violation of the 1 4th Amendment's due process requirement impact the rights of African Americans and other minorities when it ignores the state's constitutional due process protections?

Question Presented (AI Summary)

Does the Appellate Division's ruling regarding standing remain valid if both of the status terms the Court relied upon were held factually inaccurate?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-06-04
Waiver of right of respondents New Jersey Office of Emergency Medical Services; James Sweeney; Scott Phelps and Eric Hicken to respond filed.
2021-05-07
Petition for a writ of certiorari filed. (Response due June 14, 2021)

Attorneys

Americare Emergency Medical Service
Lisa Simone ClevelandCooke Chevalier, PLLC, Petitioner
New Jersey Office of Emergency Medical Services; James Sweeney; Scott Phelps and Eric Hicken
Michael R. SarnoNew Jersey Office of the Attorney General, Respondent