No. 22-723

Jonathan VanLoan v. Nation of Islam, et al.

Lower Court: Third Circuit
Docketed: 2023-02-02
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights clearly-baseless-standard denton-v-hernandez dismissal-standard factual-allegations frivolous neitzke-v-williams section-1983 subject-matter-jurisdiction
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. Is the legal standard for dismissal of a plaintiffs 42 U.S.C. § 1983 case, for factual allegations deemed "fantastical " by the court, the "clearly baseless " standard of Neitzke and Denton ? If so, were the dismissal of Petitioner 's case, and the affirmation thereof in the Third Circuit, incorrect as a matter of law?

2. Is the "clearly baseless " standard for case dismissals, based on a plaintiffs "fantastical " facts, precise enough in 2023, or, should i;he Supreme Court adopt a new standard for such dismissals, such as Justice Souter 's "little green men " of Ashcroft v. Iqbal, 556 U.S. 662, 696 (2009), era standard like, "facts that allege something not scientifically possible, in the world as we currently know lit".

Question Presented (AI Summary)

Is the legal standard for dismissal of a plaintiff's 42 U.S.C. § 1983 case, for factual allegations deemed 'fantastical' by the court, the 'clearly baseless' standard of Neitzke and Denton?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-06
Brief of respondents Providence Health & Service, Inc., et al. filed.
2023-03-06
Waiver of right of respondents City of Santa Ana, California; all defendants listed on attached Exhibit A; City of Fountain Valley, California; Ricardo Cendejas; Sherwin Burgos to respond filed.
2023-01-28
2022-12-08
Application (22A499) granted by Justice Alito extending the time to file until January 28, 2023.
2022-11-28
Application (22A499) to extend the time to file a petition for a writ of certiorari from November 29, 2022 to January 28, 2023, submitted to Justice Alito.

Attorneys

City of Santa Ana, California; all defendants listed on attached Exhibit A; City of Fountain Valley, California; Ricardo Cendejas; Sherwin Burgos
Richard C. SokoraiHigh Swartz, LLP, Respondent
Jonathan VanLoan
Jonathan VanLoan — Petitioner
Providence Health & Service, Inc., James Pierog, M.D., Rodney F. Hochman, M.D., and Amy Compton-Phillips, M.D.
David Paul PruettCarroll, Kelly, Trotter and Franzen, Respondent