No. 23-6571

Mark A. Panowicz v. Sharon L. Hancock, et al.

Lower Court: Fourth Circuit
Docketed: 2024-01-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-violation criminal-justice-records due-process federal-law-compliance federal-statutes procedural-due-process public-impact rule-60b6 standing state-immunity
Latest Conference: 2024-02-23
Question Presented (from Petition)

1. Is the State continuing failure to follow, (even after specifically passing a state law expressly agreeing to adhere to applicable federal law. etc., and highlighting privacy concerns of individuals), federal statutes, regulations, policies and practices* impacting state court originated federal criminal justice records relied upon by the federal government, state governments, the public, etc. for background checks, including firearm transfers - an appropriate public impacting issue to both justify a timely Federal Rule of Civil Procedure 60(b)(6) motion and a timely petition for certiorari, in-order to address and correct the continuing State failure before further harm is inflicted?

2. Does fraud on the court, in a 42 U.S.C. § 1983 (17 Stat. 13. 1871) supervisory liability case, also apply to the constructive knowledge context of the supervisor, especially when 17 Stat. 13 clearly directs no state immunities or defenses allowed, (effectively requiring strict liability against state court agents, after due process notice is met- as applicable)?

3. Is the Fifth Amendment double jeopardy protection against, multiple punishments a Constitutional jurisdictional issue mandating every court specifically analyze the claim; and if multiple punishments for one offense are evident (and not ignored), a failure to end the continuing' Constitutional violation results in a void, for want of Constitutional jurisdiction, judgment, redressable in any court, at any time?

Question Presented (AI Summary)

Is the State continuing failure to follow federal statutes, regulations, policies and practices impacting state court originated federal criminal justice records an appropriate public impacting issue to justify a timely Federal Rule of Civil Procedure 60(b)(6) motion and a timely petition for certiorari

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-01-31
Waiver of right of respondent Sharon L. Hancock, et al. to respond filed.
2024-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)

Attorneys

Mark A. Panowicz
Mark A. Panowicz — Petitioner
Sharon L. Hancock, et al.
Rachel L. StewartOffice of the Attorney General of Maryland, Respondent