No. 20-6398

Richard Wesley Allen v. Marcus A. Pollard, Warden

Lower Court: Ninth Circuit
Docketed: 2020-11-20
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process equal-protection First-Amendment Fourteenth-Amendment free-speech parole prisoner-rights religious-freedom
Latest Conference: 2021-01-22
Question Presented (from Petition)

DOES IT VIOLATE THE FIRST AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION, WHEN A STATE THAT OFFERS PAROLE TO PRISONERS, DENIES PAROLE TO A PRISONER BECAUSE OF THAT PRISONER'S RELIGION?

2. DOES IT VIOLATE THE FIRST AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION, WHEN A STATE REQUIRES A PRISONER TO CHANGE HIS OR HER RELIGION, OR TO COMMIT ACTS THAT ARE AGAINST HIS OR HER RELIGION?

3. IS THE U.S. SUPREME COURT'S OPINION IN SWARTHOUT V. COOKE (562 U.S. 216, 131 S.CT. 859, 178 L.Ed.2d 732) DEFECTIVE?

4. HOW CAN A STATE COMPLY WITH THE EQUAL PROTECTION CLAUSE OF THE U.S. CONSTITUTION'S FOURTEENTH AMENDMENT TO ITS LAWS TO A PERSON IN INSTANCE OF PRACTICE OF THEOCRACY BY HIDING THE SPECIFIC REASONS FOR A STATE DECISION, BEHIND CATEGORICAL OPINIONS OF PSYCHIATRISTS OR PSYCHOLOGISTS?

5. CAN A STATE LAWFULLY CONDEMN "DELUSIONS" WITHOUT SPECIFYING WHICH OF THAT PERSON'S BELIEFS OR STATEMENTS OR TESTIMONIES ARE BEING CLASSIFIED AS DELUSIONS?

6. WHAT IS THE DIFFERENCE BETWEEN A HERESY AND A DELUSION?

7. CAN A GOVERNMENT BASE A DECISION ON HIS OR HER PERSONAL BELIEFS, WHILE REJECTING EVIDENCE THAT IS CONTRARY TO SOME OF THOSE SAME PERSONAL BELIEFS?

8. CAN A PETITIONS ON THE BASIS THAT CLAIMS NOT MADE IN THAT PETITION WERE THE CLAIMS OF THE PETITION, WHILE SAYING NOTHING ABOUT THE FORMALLY STATED GROUNDS OF THAT PETITION?

9. CAN A U.S. SUPREME COURT DECISION THAT DENIES A DUE PROCESS DENT FOR DENYING CLAIMS THAT ARE NOT DUE PROCESS CLAIMS?

Question Presented (AI Summary)

Does it violate the First and Fourteenth Amendments when a state requires a prisoner to change his or her religion, or to commit acts that are against his or her religion, in order to become eligible for parole?

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2020)

Attorneys

Richard Wesley Allen
Richard Wesley Allen — Petitioner