No. 22-6963

Zachary James McAlexander v. Otsuka America Pharmaceutical, Inc.

Lower Court: Eleventh Circuit
Docketed: 2023-03-08
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights corporate-liability due-process first-amendment medical-harm seventh-amendment standing
Latest Conference: 2023-05-11
Question Presented (from Petition)

1. Why is the right to petition the government for grievances not being honored in this case,
along with others, in accordance with the First Amendment and further why are decisions
being made by lower courts without hearings or in front of a jury, which is contrary to the
Seventh Amendment?

2. Why are companies being allowed to advertise and sell dangerous substances, such as
those manufactured by the defendant of this case, to the public without any government
regulation of said substances and why are they not being ordered by lower courts to pay
damages to injured persons who consumed their products, as is the right of petitioners
under the First Amendment?

3. Defendant was supposed to provide a medical treatment, which had benefits outweighing
the risks. Petitioner, Zachary James McAlexander, was not benefitted, but in fact,
suffered harm by weight gain consequently a kidney stone, pain, and emotional distress
inflicted by defendant. Are companies allowed to make false claims to the American
people, harm them, and subsequently escape by using attorneys who care nothing for
other people or our country and by having no juries in our courts?

4. Defendant deprived Petitioner of liberty and property without due process of law. They
harmed him physically without consent and interfered with his wealth. The lower courts
violated the Seventh Amendment. Can companies in the US harm unsuspecting citizens
and deprive them of life, liberty, and property without due process of law using attorneys
and lower courts that violate the Seventh Amendment?

Question Presented (AI Summary)

Why is the right to petition the government for grievances not being honored in this case, along with others, in accordance with the First Amendment and further why are decisions being made by lower courts without hearings or in front of a jury, which is contrary to the Seventh Amendment?

Docket Entries

2023-09-07
Case considered closed.
2023-05-15
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 5, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2023-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2023)

Attorneys

Zachary J. McAlexander
Zachary James McAlexander — Petitioner