No. 22-6524

Barry L. Brookins v. Rajendra Dwivedi

Lower Court: Ninth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law
Key Terms:
DueProcess FourthAmendment Punishment Securities Privacy
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. THE PLAINTIFF 8TH AMENDMENT CONSTITUTIONAL RIGHT UNDER A DELIBERATE INDIFFERENCE HAS BEEN VIOLATED THROUGH AN UNLAWFUL SURGERY PERFORMED WITHOUT THE PLAINTIFF GIVING HIS SIGN CONSENT & THIS PROCEDURE TO HAVE HAS LEFT THE PLAINTIFF PERMANENTLY DISABLED. DISFIGURED & UNABLE OOFSPRINGS . (DEFENDANT ACTED WHILE UNDER THE COLOR OF STATE LAW).

2. THIS BARBARIC PRACTICE PERFORMED IS OUTDATED & GOES INTO VERY CRESIS OF THIS MATTER, THAT IT WAS PERSONAL NOT PROFESSIONAL, & IT IS A DIRECT VIOLATION OF THE 8TH AMENDMENT CRUEL & UNSUAL TREATMENT. AND VIOLATION UNDER THE 14TH AMENDMENT EQUAL PROTECTION CLAUS.

3. THE PLAINTIFF 14TH AMENDMENT UNDER DUE PROCESS OF LAW AND 1 ST AMENDMENT FREEDOM TO EXPRESSION HAS BEEN VIOLATED ON APRIL 12, 2020 WHEN THE' U.S.D.C. EASTERN DISTRICT DID NOT ALLOW THE PLAINTIFF TO HAVE HIS INTERROGATORIES ACCEPTED WHICH WOULD HAVE GIVEN ADMISSIONS TO ANY DISCOVERIES TO THE DEFENDANTS STATE OF MIND PERFORMING THIS SURGERY ON APRIL 16, 2010. AFTER THE COURT HAD GIVEN PLAINTIFF PERMISSION TO PROC EED WITH PROSECUTION AGAINST DEFENDANT.

4. SEPTEMBER 21,2021 DALE A. DROZd, DISTRIC JUDGE, PRESIDING U.S.D.C EASTERN DISTRICT DISMISSED & TIME BARRED CASE.PLINTIFF CHALLENGED TIME BARRED STATUE OF LIMITATIONS AT NINTH CIRCUIT COURT OF APPEALS IN APPE LLANTS INFORMAL OPENING BRIEF DATED SEPTEMBER 21,2021 NO.5,6,11,14,15, L6 -17,20,21.22,23,24.25. EXCULPATORY EVIDENCE FAVORED THE PLAINTIFF. NINTH CIRCUIT MEDIATION PROGRAM ACCEPTED CASE FOR SETTLEMENT ON OCTOBER la,2021 .MEDIATION RELEASED CASE ON 10.29.2021 WITHOUT MERITS STATED. DIAL IN CONFERENCE WAS SCHEDULED 10.29.2021 at 10;00 AM FOR APPELLEE. APPELLEES BRIEF IS DATED JANUARY 24,2022. APPELLANTS INFORMAL REPLY BRIEF IS DATED FEBRUARY 2,2022. NINTH CIRCUIT JUDGMENT 'WAS ENTERED AUGUST 24.2022 .PETITION FOR PANEL -REHEARING , FOR .. REHEARING EN BANC Tq DATED SEPTEMBER 17,2022. ORDER FILED NOVEMBER 28.2022 CLOSED CASE.

Question Presented (AI Summary)

Whether the plaintiff's 8th Amendment right against cruel and unusual punishment has been violated through an unlawful surgery performed without the plaintiff's consent, leaving him permanently disabled, disfigured, and unable to have offspring

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-19
Waiver of right of respondent Rajendra Dwivedi to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Barry L. Brookins
Barry L. Brookins — Petitioner
Rajendra Dwivedi
Todd William BaxterMcCormick Barstow etal, Respondent