No. 21-6971

Byron Case v. Douglas County, Oregon, et al.

Lower Court: Ninth Circuit
Docketed: 2022-01-26
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process federal-preemption military-benefits military-disability spousal-support state-court-jurisdiction state-courts supremacy-clause veterans-affairs veterans-rights
Latest Conference: 2022-03-25
Question Presented (from Petition)

Weather federal law(s) 10 U.S.C. § 1408 and 38 U.S.C. § 5301 can be overridden by state law(s) regarding military veterans ' disability income or assets

Whether State courts can override Congress Enacted Laws

Weather a state can override federally enacted military veterans ' disability laws 10 U.S.C. § 1408 and 38 U.S.C. § 5301 in a dissolution when the veteran did not waive a portion of retirement for disability

Weather military veterans ' disability can be offset by a court order to sell a joint marital asset in order to provide spousal support, or spousal maintenance, in a one lump sum since military veterans disability cannot be garnished monthly, per federal law(s) 10 U.S.C. § 1408 and 38 U.S.C. § 5301

Weather military veterans ' disability that has been Commingled into a Military Veterans ' marital asset is still protected under 10 U.S.C. § 1408 and 38 U.S.C. § 5301

Weather a military disabled veteran can be held in contempt of court for not signing Escrow Documents to sell a marital asset home as a means to provide spousal support or spousal maintenance

Weather a military disabled veteran can be incarcerated for not signing Escrow Documents in order to sell a marital asset home as a means to provide spousal support, or spousal maintenance, in a single lump sum

Weather a military disabled veteran can be incarcerated with the only means of release is to sign Escrow Title Documents selling the home/asset(s) as a means to provide spousal support or spousal maintenance

Weather courts can legally order a prior spouse to sign the disabled veteran 's name on Title Escrow documents in order to sell a marital asset(s) as a means to provide spousal support or spousal maintenance

Weather state courts can override the Supremacy Clause and retain jurisdiction

Weather a sheriff auction can proceed to sell a disabled veteran 's asset(s) as a means to provide spousal support or spousal maintenance

Weather a sheriff auction of disabled veterans ' asset(s) can proceed as a means to circumvent military veteran disability income in order to pay spousal support or spousal maintenance

Whether a Sheriffs department can legally allow the prior spouse to vandalize and thieve military disabled veterans ' property stating it is a civil matter and nothing can be done

Whether a Sheriffs department can dismiss a military disabled veteran 's reporting of theft and classify him/her as a 5150 Mentally ill person stating the theft is a civil matter

Weather a federal court of appeals can deny an appeal as frivolous if Informa pauperis is requested

Question Presented (AI Summary)

Whether federal laws 10 U.S.C. § 1408 and 38 U.S.C. § 5301 can be overridden by state laws regarding military veterans' disability income or assets

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2022)

Attorneys

Byron Case
Byron Case — Petitioner