No. 23-5446

Elizabeth Richert v. Kathleen White Murphy, et al.

Lower Court: Seventh Circuit
Docketed: 2023-08-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment 5th-amendment due-process equal-protection fifth-amendment fourteenth-amendment judicial-proceedings property-rights takings takings-clause
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. The Fifth Amendment guarantees that private property shall not be taken
for public use without due process, nor shall it be taken for pubhc use without just
compensation. The Fourteenth Amendment guarantees all citizens due process of
law and equal protection of the laws. In the instant case, the lower court's grant of
summary judgment to Petitioner for Count I foreclosed Plaintiffs from obtaining
title to the subject property. (App. D; App.B). Plaintiffs and Plaintiffs' two
attorneys responded by breaking into, changing the locks, and forcibly taking the
subject property. On April 21, 2022 the lower court denied Petitioner's Emergency
Motion for Contempt, Injunction, and Other Relief, (N.D. Ill., Doc. 505; App.C),
finding, "there is no basis in the Court 's judgment to enjoin plaintiffs or their
attorneys from attempting to assert control over the property," (App.C, p. 3),
begging the question:
Whether the District Court's April 21, 2022 post-trial order, finding, "Because
the Court has never ruled that title to the Buffalo Grove home belongs to defendant
in her individual capacity, there is no basis in the Court 's judgment to enjoin
plaintiffs or their attorneys from attempting to assert control over the property,"
amount to an unconstitutional taking without due process, equal protection, and
just compensation within the meaning of the Fifth Amendment's Takings Clause,
the Fifth Amendment's due process clause, and the Fourteenth Amendment's due
process and equal protection clauses?

2. The Fifth Amendment guarantees an individual's rights to equal protection
and due process in federal courts. The Fourteenth Amendment echoes those rights.
In the instant case, the lower court found that Petitioner "...was entitled to rely on
the Court 's order dismissing Count I," (App. B, pp. 23-25), but the lower court
(prejudicially) vitiated that, and others of its orders, the (Federal) Rules of Civil
Procedure, the Federal Rules of Evidence, and the Seventh Circuit's Local Rules,
and violated the Fifth and Fourteenth Amendments to the United States
Constitution, the Judicial Code of Conduct, agreements by the parties, and the
truth, in order to arrive at its final judgment, and post-trial orders.
The Supreme Court's supervisory power, inherent in the judicial power
granted to it in Article III of the United States Constitution, and promulgated by
Supreme Court Rule 10, authorizes the Court to exercise its supervisory power
where an appellate court has sanctioned the departure of a lower court, that is so
far from the accepted and usual course of judicial proceedings, as to call upon the
Supreme Court for an exercise of its supervisory power.
Whether the Seventh Circuit's sanctioning the decision(s) of the United
States District Court, for the Northern District of Illinois in Case No. 15-cv-8185,
that so far departed from the accepted and usual course of judicial proceedings, call
for an exercise of this Court's supervisory power?

Question Presented (AI Summary)

Whether the District Court's April 21, 2022 post-trial order amount to an unconstitutional taking without due process, equal protection, and just compensation

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-11-24
2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)
2023-06-14
Application (22A1077) granted by Justice Barrett extending the time to file until August 19, 2023.
2023-06-09
Application (22A1077) to extend the time to file a petition for a writ of certiorari from June 20, 2023 to August 19, 2023, submitted to Justice Barrett.

Attorneys

Elizabeth Richert
Elizabeth Richert — Petitioner