No. 23-142

Joe L. Adams v. Royal Park Nursing and Rehabilitation

Lower Court: Fourth Circuit
Docketed: 2023-08-16
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-rights due-process federal-jurisdiction medical-negligence nursing-home-abuse nursing-home-reform-act pressure-ulcers pro-se-litigant standing
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Did the court of Appeal Err in Affirming the Dis
trict Court Decision regarding Jurisdiction over
Nursing Home Abuse Cases.

2. Did the court of appeals err in their decision to not
extend jurisdiction due to the violations of the
Nursing Home Abuse Act being the eventual cause
of Death for Mr. Joe L. Adams Sr.

3. Does the Federal government have jurisdiction in
nursing home abuse cases that violate the "Nurs
ing Home Act" when the abuse is the direct pri
mary cause of Death?

4. Did the court of appeals err by not allowing the
case to be heard and appoint a lawyer to the pro
se litigant suffering reliving the abuse and inju
ries over and over.

a. Plaintiff contends that reliving the abuse pic
tures has been one of the most painful experi
ences and hopes the Superior Court will allow
this case to move forward.

5. Did the court err in not holding Royal Park Nurs
ing and Rehabilitation responsible for its viola
tions of the Federal Nursing Home Reform Act
(NHRA) of 1987.

6. Did the court err in not holding Royal Park Nurs
ing and Rehabilitation responsible for the painful
abuse and eventual slow death of Mr. Joe L. Adams
Sr. due to Pressure Ulcers?

7. Did the Appeals Court Err in its decision not to
allow a court appointed attorney to this case since
the Plaintiff had very low income and proceeding
Pro Se to fight for his parent?

8. Did the Appeals Court Err in its Denial for a re
consideration based on the fact that the Nursing
Home Reform Act is a Federal Act as well as Med
icaid is a Federal Program?

9. Did the District Court Err in not acknowledging
the Les Ipsa Loquitur motion submitted by the
plaintiff?

Question Presented (AI Summary)

Did the court of Appeal Err in Affirming the District Court Decision regarding Jurisdiction over Nursing-Home-Abuse-Cases

Docket Entries

2024-01-08
Rehearing DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-16
Petition for Rehearing filed.
2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-14
Brief of respondent Royal Park Nursing and Rehabilitation in opposition filed.
2023-06-12
Petition for a writ of certiorari filed. (Response due September 15, 2023)

Attorneys

Joe L. Adams
Joe L. Adams Jr. — Petitioner
Royal Park Nursing and Rehabilitation
Barry Sidney CobbWalker, Allen, Grice, et al. LLP, Respondent