Paul E. Weber v. Amy Arnott Quinlan, et al.
AdministrativeLaw SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Is the refusal of state officials to afford a defendant existing postconviction remedies actionable under 42 U.S.C. §1983?
Is 42 U.S.C. §1983 the proper remedy to challenge state officials who deprive a criminal defendant any mechanism whatsoever, including an appellate process, postconviction remedy, or collateral process, to challenge a constitutionally infirm conviction?
If the answer to the aforementioned question is "no," what is the proper procedure for a criminal defendant to seek redress for the denial of his constitutional rights to due process and a fair trial where the state authority refuses to implement any remedy for review?
Is the refusal of state officials to afford a defendant existing postconviction remedies actionable under 42-U.S.C-§1983?