No. 23-7359

Elvert S. Briscoe, Jr. v. Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction, et al.

Lower Court: Sixth Circuit
Docketed: 2024-05-01
Status: Denied
Type: IFP
IFP
Tags: confidential-informant constitutional-rights due-process prison-management retaliation rule-50 state-actor transcript
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Can a prison confidential informant be described in all fairness as a state actor for retaliation when it resulted from the exercise of a right or privilege having its source in state authority; with "the overt, significant assistance of state officials"; and involves the traditional government function of prison management?

2. Should a transcript be provided to an In Forma Pauperis appellant on appeal who has won his case in the district court and raises substantial questions of state action which is a "necessarily fact-bound inquiry" and Rule 50 sufficiency of evidence assignment of errors?

Question Presented (AI Summary)

Can a prison confidential informant be described as a state actor for retaliation

Docket Entries

2024-10-07
Petition DENIED.
2024-06-13
DISTRIBUTED for Conference of 9/30/2024.
2024-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2024)

Attorneys

Elvert S. Briscoe
Elvert S. Briscoe Jr. — Petitioner