No. 22-7062

Ricardo Noble v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2023-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedure civil-rights constitutional-rights cruel-and-unusual-punishment discretion-abuse due-process equal-protection prison-classification retaliation standing
Latest Conference: 2023-04-14
Question Presented (from Petition)

This UnconStitu tonal for judges and Prison
$taer to allow their PET Sonal preyadices te interfere |
with their ability to de their job. LiteKky v WSs, WY7LIIDDS
| Crus wbeto, YOSus, 39UI7ZD,

Th + ecred/abused discretion by rgnorins
and Caley ERAT capleneeess Stated thar S6.t7 Cree pe
defendants and other Sc LoGreene Start Classified and
Aweats NGE(SL) AS STG because PennsylVania Dive.
classifies the NGECSL)AS 4 STA, des pile fact shot .
Head of PA, Dil: statedin aber regarories/Pleadin ge
that¢ the PALDO.e Never Classified the NGELS#) AS AS7E

The courterced/abused dosceretion by ignoring Law
ank fact that defen {eee Adm ttre Sand petitioner's
EXhroits ve rifiéd, that S.c.d5 Greene defendants ans other
Bed oreene Stal Ew ithout arth ority or basissan 6 EA Vidlot ior
OF PA1D.0.Ce policy, clo ssi fre dftreoate b NGCELS%o) @S & gag
and S7G@ and petitione © asa S76 member because he
SO NGE(S +s © 6 FE i

The ceuct erre dfabuse & dose cetyon by hers; NG law ,
and fa cf defendants adwmut, and pettioner's exhibits
verity that No St&if7 Greene defendant oc dtherc
S-ecLr Cceene STATE had aurnenty oc basis 're classify
eetitionec as a s7TEmembec Or noEeGYa)as O STE oe cui

Y fhe coucterre d/apusces discreten by falsely
claiming pet itvone c_waS hot classed asa S7G
mem ber' because he i NGE(S%), despite Fact thar
defeadauts agmited, and Petitione c's exhibits vecikied a
that if was because fretitionec (S NGE(S of) +e re ae
«Ss The couct ercedfabused disccetivn by Zlaiming af
"immareria\" the Couct usihg "Department of corcect/onslmoc" |
and "sag -@reene" intecckron geatal y as (Ff they are
thé Same, despt© pe tittoaec'S clear diStinction.
between Sidi Green™ defendants? ahd other Sct Greene _
StAFES FeFarraro ry basele Sand unautharized practices

polices and ve ulations ré,
égar da}
and pedesylvernin a rncat ding the NGE 5%)
Poucie S, Practices; a nt OF Corgectio nes
, and Feguletions .

G, The Couct er ed regarding Such
and Pet tionec's exhibe- ot defendants

Question Presented (AI Summary)

Whether it is unconstitutional for judges and prison staff to allow their personal prejudices to interfere with their ability to do their job

Docket Entries

2023-04-17
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-27
Waiver of right of respondent Wetzel, Sec., PA DOC, et al. to respond filed.
2023-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2023)

Attorneys

Ricardo Noble
Ricardo Noble — Petitioner
Wetzel, Sec., PA DOC, et al.
Anthony Thomas KovalchickPennsylvania Office of Attorney General, Respondent