No. 20-759

Robel Bing v. Brivo Systems, LLC

Lower Court: Fourth Circuit
Docketed: 2020-12-02
Status: Denied
Type: Paid
Response Waived
Tags: civil-liberties civil-procedure civil-rights due-process employment-discrimination pleading-standards pro-se-pleading rule-12(b)(6) title-vii
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Did the 4th Circuit's Published Opinion, with dissent, err in its 2-1 majority affirmance of the district court's dismissal of Bing's pro se complaint, under Rule 12(b)(6); whereas:

a. Premature invocation of Rule 12(b)(6) at the pleading stage, effectively allows it to supersede not only established pleading requirements for pro se complainants who bring disparate treatment and disparate impact claims of employment discrimination under Title VII of 42 U.S.C. §§ 2000e et seq. and race discrimination claims under 42 U.S.C. § 1981 et seq.; but, effectively renders the short and plain language of Federal Rule of Civil Procedure 8. as null, and;

b. Does the district court, with the appellate court's affirmance in the decision to apply Rule 12(b)(6), intend to so narrowly read application of pro se litigant's pleading standards, as read above, to effect the death of notice of pleading, summarily, and;

c. Does the district court and 4th circuit's departure from pleading standards and established criteria for the adjudication of complaints filed under Title VII of 42 U.S.C. §§ 2000e et seq. and race discrimination claims under 42 U.S.C. § 1981 et seq.; or, other similarly disadvantaged plaintiffs, resultingly impair its own adherence to due process, in its adoption of differently applying standards both in measures of federal rules for civil procedure and those of substantive due process, in tandem; produce a pattern of censorship for the court's want of evidentiary merit that could not be produced or attributed to the allegations but for the court's natural progression past pleadings to discovery, thereby causing irreparable harm to Civil Rights and Civil Liberties, observed under:

i. U.S. Const, amend. I, ("Congress shall make no law . . . abridging the freedom of speech . . . and to petition the Government for a redress of grievances"), and;

ii. U.S. Const, amend. V, "No person shall be held ... nor be deprived of life, liberty, or property, without due process of law . . . without just compensation.", and;

d. Pursuant to Title VII of 42 U.S.C. §§ 2000e et seq. and 42 U.S.C. § 1981 et seq.

Question Presented (AI Summary)

Did the 4th Circuit's Published Opinion, with dissent, err in its 2-1 majority affirmance of the district court's dismissal of Bing's pro se complaint, under Rule 12(b)(6)

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-05
Waiver of right of respondent Brivo Systems, LLC to respond filed.
2020-11-27
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

Brivo Systems, LLC
Edward S. SchenkWilliams Mullen, PC, Respondent
Robel Bing
Robel Bing — Petitioner