No. 23-5092

Noel Brown v. Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2023-07-13
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights due-process false-arrest favorable-termination habeas-corpus heck-v-humphrey judicial-procedure standing
Key Terms:
Environmental Immigration
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (from Petition)

1. Does the substantial holding in case on point Heck v. Humphrey, and Amaker v. Weiner ,
because the suit may be reinstituted should plaintiff's conviction be "expunged by
executive order, declared invalid by a state tribunal authorized to make such
determination, or called into question by a federal court's issuance of a writ of habeas
corpus." require the Third Circuit reviewing court to remand the case for the District
Court to modify its judgement to reflect that Appellant's false-arrest claims should only
be dismissed without prejudice?

2. Does the favorable termination of charges leading to appellant's arrest during trial
proceedings by Wayne County Sheriff Department; SGT. Krempasky, require the Third Circuit
to remand the case under Fed. R. Civ. P. 60(b), due to the District Court's Mistake,
inadvertence, surprise, or excusable neglect; and favorable termination of false arrest
criminal complaint incident number OTN T859968-4 Docket No.CR-212-2016?

3. Did the District Court incorrectly dismissed Appellant's false-arrest claim? Suggested
Answer: YES!

4. Does the District Court judgment reflect that Appellant's false-arrest claim is
dismissed without prejudice? Answer: NO!

5. Did the false-arrest by the defendants which were resolved with favorable termination
of charges leading to arrest, defame the appellant because of it's slander, libel, by the
defendant SGT. Krempasky, to a third person that harmed the appellant's reputation during
his criminal trial? Suggested Answer: YES!

6. Was it an abuse of process, and discretion by the Third Circuit decision that
appellant's petition for rehearing by the Court en banc, be denied. Because "Judge
Nygaard's vote is limited to Panel Rehearing only"? Suggested Answer: ABSOLUTELY AND
POSITIVELY YES!

Question Presented (AI Summary)

Whether the Third Circuit erred in dismissing the petitioner's false-arrest claim with prejudice, rather than without prejudice, in light of the favorable termination of the criminal charges against the petitioner

Docket Entries

2023-11-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2023-11-01
Motion DISTRIBUTED for Conference of 11/17/2023.
2023-10-10
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2023-10-02
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondents Wayne County, et al. to respond filed.
2023-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2023)

Attorneys

Noel Brown
Noel Brown — Petitioner
Wayne County, Wayne County Sheriff's Department, Sergeant Patricia Krempasky, Wayne County District Attorney's Office, Wayne County Public Defender's Office, Wayne County Correctional Facility, Warden Kevin Bishop and Lt. Justin Rivardo
Gerard Joseph GeigerNewman, Williams, et al., Respondent