No. 23-598

Chester Noel Abing, et al. v. James F. Evers, et al.

Lower Court: Ninth Circuit
Docketed: 2023-12-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights civil-rights-laws discrimination due-process eleventh-amendment equal-protection fourteenth-amendment property-rights sovereign-immunity
Latest Conference: 2024-02-16
Question Presented (from Petition)

Does the Fourteenth Amendment (1868) amend the Eleventh Amendment (1798)? (If so, then the Eleventh Amendment cannot provide "sovereign immunity " from civil-rights lawsuits under the Fourteenth Amendment or the Civil Rights Laws enacted pursuant to it.)

May State laws nullify the Fourteenth Amendment and the Civil Rights Laws enacted under it?

Do the Fourteenth Amendment, and the Civil Rights Laws enacted to enforce it, prohibit malicious discrimination by State officers in the form of theft of property using forged documents, threats, and harassment?

Are homeowners as a group protected by the Equal Protection Clause of the Fourteenth Amendment against discriminatory application of State laws against them to steal their property using forged documents?

The courts have held that Section 1983 of the Civil Rights Laws has a two-year statute of limitations in Hawaii. Does this mean that victims ' right to seek redress under these laws expires in the second year of a ten-year pattern of continuous and cumulative acts of discrimination against a class, involving theft of property and fraud on the courts?

Question Presented (AI Summary)

Does the Fourteenth Amendment amend the Eleventh Amendment?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-12-07
Waiver of right of respondents James F. Evers, et al. to respond filed.
2023-08-09

Attorneys

Chester N. Abing, et al.
Chester Noel Abing — Petitioner
James F. Evers, et al.
James C. PaigeState of Hawaii Attorney General , Respondent