No. 21-5667

David Lockmiller v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2021-09-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion ashcroft-v-iqbal civil-rights constitutional-rights contingency-fee due-process federal-tort-claims-act first-amendment free-speech government-redress petition-clause
Latest Conference: 2022-01-21 (distributed 2 times)
Question Presented (from Petition)

Given the fact that the Constitution of the United States, Amendment I reads in pertinent part that "Congress shall make no law . . . abridging . . . the right of the people ... to petition the Government for redress of grievances," what gives Congress the authority to legislatively interfere and prohibitively limit, by provisions of Federal Tort Claims Act (FTCA) § 2678, any and every citizen's right to freely negotiate a contingency fee arrangement with an attorney of plaintiff's choice in a FTCA lawsuit?

In strict compliance with the U. S. Supreme Court precedent in Ashcroft v. Iqbal , 556 U.S. 662, 678-679 (2009), was it not an abuse of discretion for the federal Ninth Circuit Court of Appeals to refuse to consider newly found and specifically relevant dispositive evidence completely discrediting the invalid syllogism of fact and law created by the Magistrate Judge in the Screening Order which led directly to the unjust dismissal of Petitioner's legitimate FTCA lawsuit?

Question Presented (AI Summary)

Whether the Federal Tort Claims Act's limitation on contingency fees violates the First Amendment right to petition the government

Docket Entries

2022-01-24
Rehearing DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-07
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-15
Waiver of right of respondent United States, et al. to respond filed.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

David Lockmiller
David Lockmiller — Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent