No. 21-5979

Leihinahina Sullivan, aka Jennifer Sullivan v. Reneau Kennedy, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-15
Status: Denied
Type: IFP
IFP
Tags: civil-rights competency constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-subpoena medical-records patient-privacy psychotherapist-patient-privilege standing
Key Terms:
Patent
Latest Conference: 2022-01-07
Question Presented (from Petition)

Does a judge vested by Statute to Subpoena a Criminal defendants treating Psychotherapist— patient records, Cannot over a criminal defendant's expressed preference via a Sua sponte competency hearing to determine if a criminal defendant can represent herself when defendant did not waive her privilege to her Attending psychotherapist —patient relationship?

Does the 41 pages of criminal defendants treating psychotherapist— patient records subpoenaed over criminal defendants objection, then transferred into the possessions of a contracted Behavioral by judge, liable for actual damages when psychologist transcribed all 41 pages en to a competency report which was then distributed via email to adversarial Counsel Assistant Attorney for the United States ("AUSA") Pertmutter and other recipients, liable for breaches for actual damages sustained by plaintiff and other remedies?

Did District Court err when deciding that defendant is immune from monetary relief under 28 USC section(e)(2) as a federal actor, District Court then applied Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 and failed to give prose an opportunity to amend her complaint to include damages Under the Federal Tort Claims Act for CNPTCA when plaintiff had plausibly alleged all FTCA claims elements under 28 USC.5. Accordingly not only to state a claim upon which relief could be granted but also for the Court to have Subject matter jurisdiction, so even without the District Courts ruling in effect deprived it of jurisdiction and the District Court Necessarily passed on the substance of an FTCA claims?

Did the United States Court of Appeals for the Ninth Circuit decide on the merits of the case when they concluded that of District Courts decision was Frivolous under 28 USC. section(e)(2) courts shall dismiss case at anytime if Court determines it is frivolous or matics)?

Question Presented (AI Summary)

Does a judge vested by statute to subpoena a criminal defendant's treating psychotherapist-patient records, cannot over a criminal defendant's expressed privilege waive a sua sponte competency hearing to determine if a criminal defendant can represent herself when defendant did not waive her privilege to her treating psychotherapist-patient relationship?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Leihinahina Sullivan
Leihinahina Sullivan — Petitioner