No. 21-177

Danos Kallas v. Theresa L. Egan, Executive Deputy Commissioner of the Department of Motor Vehicles of the State of New York

Lower Court: Second Circuit
Docketed: 2021-08-06
Status: Denied
Type: Paid
Response Waived
Tags: civil-enforcement civil-rights discrimination due-process equal-protection information-sharing low-threshold-offenses police-community-relations public-perception-of-police
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. "Whether the civil enforcement system should be
modified nation-wide to integrate an educational
option (with limitations for repeat offenders and
retention of checks on citizen abuse) that would
substantially dampen the effects of discrimination
and arbitrary taxation, educate the public, and
improve police-community relations and the public's
perception of the police, and information sharing, in
order to comport with Equal Protection and Due
Process and the compelling, common sense, interest in
information sharing between the public and the
police... " Kallas v. Fiala, 591 Fed. Appx. 30 (2d Cir.
2015), No. 14-310, 2015 WL 399127 (2d Cir. Jan. 30,
2015) SUMMARY ORDER, reh 'g denied, No. 13 Civ.
8816 (GBD) (S.D.N.Y. Jan. 13, 2014), cert, denied, pet.
for cert, at (i).

2. Whether "...the statutes are
Unconstitutional under Equal Protection and Due
Process because they do not integrate an objective
progressive (sliding scale) fine schedule, thereby
having the effect of disproportionately burdening
minorities (who are proven, as a populace, to be less
able to pay fines) and suppressing their upward
mobility despite same being purportedly a key
component of the American way of life. Thus, another
problem with the "broken windows" view, other than
that it also incorrectly presumes (at least until
recently?) that enforcement is even-handed at this
threshold, is not in its principle or that it apparently
has the effect of lowering over-all crime but in its
effect on minorities who are paying an unfairly
disproportionate share of the cost and remaining
oppressed with this oppression playing a substantial
inexorable role in ensuing events leading to "burned
down buildings." Kallas v. Fiala, Id., pet. for cert, at 4.

3. Whether the court erred in not granting de jure
relief for questions presented 1. And 2. (above) and the
closely relevant supplemental substantive issues and
remedies contained in the Complaint as well as others
developed during the course of the litigation and
brought in this second petition for certiorari
specifically described and explained by Petitioner in a
clear and unequivocal way that virtually all literate
American citizens would understand (without specific
codified citations) and all continued to be proven by
ensuing events where molehills (ie. minor routine
traffic stops) turn into mountains (homicides of fellow
American citizens) noting " [w]hether it matters that
Petitioner's positions on these issues have been
proven by ensuing events - including, but not limited
to, the civil unrest stemming from the homicide of an
American citizen during his arrest for selling loose
cigarettes, the tackling of a pregnant American citizen
for interfering with the arrest of her son over a civil
marijuana possession charge, the homicide of an
American citizen stemming from an arrest over a
pocket knife and, less on point but still relevant, the
murder of an American citizen stemming from a
traffic stop (where

Question Presented (AI Summary)

Whether the civil enforcement system should be modified

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-03
Waiver of right of respondent Theresa Egan to respond filed.
2021-07-29
Petition for a writ of certiorari filed. (Response due September 7, 2021)

Attorneys

Danos Kallas
Danos Kallas — Petitioner
Theresa Egan
Barbara Dale UnderwoodSolicitor General, Respondent