No. 21-204

Montgomery Blair Sibley v. Frank Paul Geraci, Jr., et al.

Lower Court: Second Circuit
Docketed: 2021-08-13
Status: Denied
Type: Paid
Response Waived
Tags: bivens-claim constitutional-authority due-process first-amendment frivolous judicial-immunity removal separation-of-powers sua-sponte-dismissal
Key Terms:
DueProcess
Latest Conference: 2021-10-15
Question Presented (from Petition)

Whether a District Court Judge runs afoul of due process by a sua sponte dismissal of Petitioner's Complaint without "hearing" argument and then deeming that Complaint, and thus Petitioner, frivolous?

Whether the Constitutional authority to remove a federal judge from office is a power exclusively granted to Congress or a concurrent limited grant of power to Congress and, under the Ninth and Tenth Amendments, otherwise wholly reserved to the People?

Whether absolute judicial immunity is a bar to a Bivens claim arising from the First Amendment right to petition?

Question Presented (AI Summary)

Whether a district court judge violates due process by sua sponte dismissing a complaint as frivolous without a hearing

Docket Entries

2021-10-18
Petition DENIED.
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-08-02
Petition for a writ of certiorari filed. (Response due September 13, 2021)

Attorneys

Montgomery Blair Sibley
Montgomery Blair Sibley — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent