No. 20-6649

El Aemer El Mujaddid v. Andrew Brewer, et al.

Lower Court: Third Circuit
Docketed: 2020-12-17
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: abuse-of-process civil-procedure civil-rights constitutional-rights damages damages-remedy due-process state-actors statute-of-limitations subpoena subpoena-abuse
Latest Conference: 2021-03-26 (distributed 2 times)
Question Presented (from Petition)

Does both 42 U. S. C. § 1983 and 18 U.S.C. § 1595 create a damages remedy against I.
state actors for issuing, enforcing, adopting, aiding or abetting the abuse of an invalid
subpoena to testify [36 #3] [App.16], served on an accused party, after expiration of a
30-day statute of limitations for service of a motor vehicle summons?

Did the lower Courts err or abuse their discretion in determining that petitioner 's II.
complaint [36 #9] and exhibits [36 #3-7] attached failed to state a claim for relief?

III. Does an individual 's Fourth Amendment right to be free from unreasonable search
and seizure, Fifth Amendment right to not be compelled to testify against himself,
Thirteenth Amendment right to be free from forced labor and Fourteenth
Amendment right to procedural and substantive Due Process continue
through the legal process of a state municipal-quasi criminal case?

Whether in an action for abuse of process, the injured person has a remedy against IV.
anyone who intentionally procures, participate in, aid, or abet, advises, or consents
to, adopts or ratifies the abusive act?

Whether the Federal Rules of Evidence required admission of the invalid Subpoena V.
to Testify [36 #3]?

Question Presented (AI Summary)

Does 42 U.S.C. § 1983 and 18 U.S.C. § 1595 create a damages remedy against state actors for abuse of invalid subpoena?

Docket Entries

2021-03-29
Rehearing DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-04
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Reply of petitioner El Aemer El Mujaddid filed. (Distributed)
2021-01-14
Brief of respondents Andrew Brewer, et al. in opposition filed.
2020-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)

Attorneys

Andrew Brewer, et al.
John Charles GillespieParker McCay P.A., Respondent
El Aemer El Mujaddid
El Aemer El Mujaddid — Petitioner