No. 21-1216

Yan Ping Xu v. Suffolk County, New York, et al.

Lower Court: Second Circuit
Docketed: 2022-03-08
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-rights due-process fourth-amendment frivolous frivolous-claim privacy-invasion rooker-feldman rooker-feldman-doctrine standing state-court-order warrantless-seizure
Latest Conference: 2022-05-12
Question Presented (from Petition)

In this case, petitioner contends that, for example,

1. The Rooker-Feldman doctrine, a narrow doctrine, is inapplicable to this independent action, and this case does not meet the party identity and time prerequisites for the application, and the claims deny a conclusion reached by the state court that is permissible;

2. Public defendants' unreasonable warrantless seizure of petitioner's home invaded her privacy by state court orders under color of state law in violation of the Fourth Amendment.

The question presented is:

Whether the appeal has been properly dismissed "because it lacks an arguable basis either in law or in fact" Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. § 1915(e)

Question Presented (AI Summary)

Whether the appeal has been properly dismissed because it 'lacks an arguable basis either in law or in fact' Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. § 1915(e)

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-03-16
Waiver of right of respondents Suffolk County, Suffolk County Sheriff's Office, Errol D. Toulon, Jr. Christopher Guercio, Stacey McGovern, Peter Kirwin, Sue Desena, and Bridgette Sedenfelder to respond filed.
2022-03-10
Waiver of right of respondents McCoyd, Parkas & Ronan LLP and Bill P. Parkas to respond filed.
2022-02-16
Petition for a writ of certiorari filed. (Response due April 7, 2022)

Attorneys

McCoyd, Parkas & Ronan LLP and Bill P. Parkas
Christopher D. SkoczenFurman Kornfeld & Brennan LLP, Respondent
Suffolk County, Suffolk County Sheriff's Office, Errol D. Toulon, Jr. Christopher Guercio, Stacey McGovern, Peter Kirwin, Sue Desena, and Bridgette Sedenfelder
Alysssa L. GaroneSuffolk County Attorney's Office, Respondent
Yan Ping Xu
Yan Ping Xu — Petitioner