Brian Benson, et al. v. Ann Kemske, et vir
1. Whether pro se litigants in civil cases in fed
eral court are entitled under the due process clause
to have their pleadings liberally construed by the
courts, and were denied by the District Court to
Petitioners.
2. Whether it is reversable error when a Federal
Judge dismisses a case in its entirety upon a motion
to dismiss the entire complaint for res judicata that
only applies to one count of the amended complaint
for fraud and conversion, thereby denying due process
and equal protection under the Fourteenth Amendment
to be heard on the original action for a Declaratory
Judgment that was also included in the amended
complaint.
3. Whether in an action in equity to quiet title to
mineral acres in North Dakota that a subsequent res
judicata argument applies to that equitable action
with the argument that fraud should have been raised
in the title action even though the North Dakota
statutes on quiet title actions specifically only allows
money damages for improvements to property. Not
any other counter claims or cross claims for monetary
damages.
4. Whether the abject failure of both the state
and federal courts to provide due process to the
Bensons is a chilling example of the failure of the
Judicial system to provide fundamental rights for all
pro se litigants across the country compelling the
U.S. Supreme Court to address this national problem
in the failing of the judiciary to provide due process
and equal protection.
Whether pro se litigants are entitled to liberal construction of pleadings