No. 23-6266

Jeremy Lynn Kerr v. Robert Pollex, et al.

Lower Court: Sixth Circuit
Docketed: 2023-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-rights collateral-attack due-process federal-review rooker-feldman subject-matter-jurisdiction void-ab-initio
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2024-02-16
Question Presented (from Petition)

Rooker-Feldman

(1) Whether the Rooker-Feldman Doctrine barres a collateral attack on void abiinitio state court judgment rendered without subject matter jurisdiction? Specifically, can a federal court review a state court record to determine whether the state court had jurisdiciton to render its judgment?

(2) After determining that the state court lacked jurisdiction to render its judgment; Whether a federal court can declare the state court judgment void ab initio and refuse to give it credit and validity?

(3) Whether the Rooker-Feldman Doctrine barres a collateral attack on a void ab initio state court judgment that was rendered before the commencement of the federal action? Specifically, can a "state court loser" bring a collateral attack on a void ab initio state court judgment in the federal court?

(4) Whether the Rooker-Feldman Doctrine is a Supreme Court created doctrine that prohibits the lower courts from "carving out" exceptions?

(5) Whether there are "exceptions" to Rooker-Feldman? And, if so, whether there is an "exception" when the state court judgment was rendered without subject matter jurisdiction?

(6) Whether there is a difference between an "Appellate Review" and a "Collateral Attack Review"? Specifically, whether 28 USC 1257 barres a federal court from inquiring whether a state court had jurisdiction to render its judgment?

(7) Whether a collateral attack on a void ab initio state court judgment satisfies jurisdiction under 28 USC 1343? Specifically, whether a void ab initio state court judgment, rendered without subject matter jurisdiction, violates the Due Process clause of the 14th Amendment?

(8) When a federal court dismisses a collateral attack on a state court judgment under Rooker-Feldman, without any determination on whether the state court had jurisdiction to render its judgment; Does Rooker-Feldman effectually give the state court judgment more effect than state law allows?

Heck v Humphrey, 512 US 477 (1994)

(9) Whether a federal declaration that a state court judgment is void ab initio is a "Favorable Termination" under Heck? And, if so, whether that "Favorable Termination" may be granted in a federal action for damages, or, must the "Favorable Termination" be granted before the federal action for damages commences?

(10) When the success of a state law claim wholly relies on the success of a 1983 claim; Whether the state law claim accrues with the 1983 claim when "Favorable Termination" is granted?

Wrongful Incarceration, 1983 Claim

(11) Whether Wrongful Incarceration is a species of substantive due process that does not require an allegation that some specific guarantee of the Constitution was violated?

Question Presented (AI Summary)

Whether the Rooker-Feldman Doctrine bars a collateral attack on a void ab initio state court judgment rendered without subject matter jurisdiction

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-10
Waiver of right of respondents Robert Pollex, et al. to respond filed.
2023-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2024)

Attorneys

Jeremy Kerr
Jeremy Lynn Kerr — Petitioner
Robert Pollex, et al.
David Thomas HaroldWood County Prosecutor's Office, Respondent