No. 22-5681

Towaki Komatsu v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2022-09-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights due-process equitable-estoppel first-amendment fourteenth-amendment free-speech judicial-bias judicial-misconduct procedural-infirmity standing
Key Terms:
DueProcess Takings FirstAmendment FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-01-20 (distributed 2 times)
Question Presented (from Petition)

1. After the U.S. Court of Appeals for the Second Circuit ("Second Circuit") confirmed in
United States v. Lumumba, 794 F.2d 806 (2d Cir. 1986) that provocation and "impropriety on the
part of the trial judge" may be considered "in extenuation of the offense and in mitigation of any
penalty imposed", doesn't hindsight sufficiently establish that both the Second Circuit and U.S.
District Judge Lorna Schofield ("Judge Schofield") prejudicially and biasedly chose to ignore
that key fact as Judge Schofield pretextually dismissed the district court action that is hereinafter
referred to as "the DC action" and the Second Circuit rubber-stamped that dismissal on appeal
that warrants immediate reversal partly due to that clear and unduly prejudicial procedural
infirmity that violated my First and Fourteenth Amendment rights?

2. Shouldn't this Court adopt findings in Tolentino v. City of Yonkers, No. 15-cv-5894 (VB)
(S.D.N.Y. Oct. 2, 2017) that are about but-for causation and a snowball effect to grant me
declaratory, equitable, and injunctive relief partly by declaring that illegal and/or otherwise
abusive acts and omissions by Judge Schofield facilitated such acts and omissions against me by
federal court security officers ("CSOs") and members of the U.S. Marshals Service ("USMS")
that caused me enormous, unduly prejudicial, and manifestly unjust harm that excuse offensive
remarks that I expressed in legal filings that I filed in the DC action out of frustration about the
fact that Judge Schofield and other federal judges were illegally shirking their legal duties to
intervene on my behalf against CSOs and the USMS to end illegal and otherwise abusive acts
and omissions by them against me that were sabotaging my right to fair trials in the DC action
and other litigation of mine?

3. Doesn't hindsight sufficiently establish that Judge Schofield flagrantly violated relevant
and controlling findings in In re Snyder, 472 U.S. 634, 647 (1985) and Triestman v. Federal
Bureau of Prisons, 470 F.3d 471 (2d Cir. 2006) as well as the rules of conduct for U.S. judges in
the DC action that proximately provoked me enormously and caused me tremendous harm to
such a degree that she was equitably estopped by her failure to lead by example by complying
with applicable legal standards from penalizing me in the DC action in response to how I
expressed

Question Presented (AI Summary)

Whether the Second Circuit and U.S. District Judge Lorna Schofield prejudicially and biasedly ignored key facts, violating the petitioner's First and Fourteenth Amendment rights

Docket Entries

2023-01-23
Rehearing DENIED.
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-12-15
2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-06
Waiver of right of respondent City of New York, Rafael Beato, Ralph Nieves, Raymond Gerola, Harold Miller, Pinny Ringel, Rachel Atcheson, Andrew Berkowitz, Howard Redmond, Yu Lie to respond filed.
2022-10-04
Waiver of right of respondents Anthony Manzi, Matthew Brunner, Ramon Dominguez to respond filed.
2022-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2022)
2022-07-26
Application (22A70) granted by Justice Sotomayor extending the time to file until August 29, 2022.
2022-06-17
Application (22A70) to extend the time to file a petition for a writ of certiorari from June 28, 2022 to August 27, 2022, submitted to Justice Sotomayor.

Attorneys

Anthony Manzi, Matthew Brunner, Ramon Dominguez
Barbara Dale UnderwoodSolicitor General, Respondent
City of New York, Rafael Beato, Ralph Nieves, Raymond Gerola, Harold Miller, Pinny Ringel, Rachel Atcheson, Andrew Berkowitz, Howard Redmond, Yu Lie
Susan PaulsonNYC Law Department, Respondent
Towaki Komatsu
Towaki Komatsu — Petitioner