No. 23-7757

Pacita D. Whatley, et al. v. Oakbrook Health and Rehabilitation Center

Lower Court: Fourth Circuit
Docketed: 2024-06-18
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights disability-rights due-process elder-care federal-jurisdiction health-care healthcare-protections protective-measures
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Does die Founding Father's documentation of individual rights, such as the Bill of Rights, Declaration of Independence, and Constitution, provide protecti ve measures against the lack of protective healdi care services for the elderly and disabled as required by law?

2. Can the jurisdiction of die lower courts dismiss the responsibilities of die oath taken by the lower courts? Follow-Up Question: Can the lower courts, which may have conflicts of interest and or personal relations by the judges involved, cause unconstitutional dismissal and or deny, the right to a jury trial for the individual employee?

3. Does the Constitution provide protected elder citizen rights for an individual to be properly and implement effective and timely health care regardless of age, race, financial status, political views, and or disability formalities?

4. Does die Constitution allow other state and or federal laws to be implemented in additional protections and relief if an eider care provider violates those additional laws beyond the Constitutional protections? Follow-Up Question : If federal law prohibits any elder care provider from violating proper and effective health care, does die Constitution promote relief to be awarded to the individuals who had tiieir rights violated by that organization?

5. If evidence shows that both federal and state elder protecti ve measures against elder abuse and neglect by an agency, insurance organization, and or government entity, issue citation against an employer and the Individual and the family of that individual should be able to recover damages and relief according to the protections of the Constitution.

6. If an organization and or corporation accepts federal funding from a federal agency such as Medicare and or Medicaid, does oversight of the use of funding fall under federal jurisdiction and allow the Federal Court to determine and provide judicial protective measures within the law that federally funding insurance must provide and manage the protective measures to properly and effectively implement care to the elderly and disabled?

7. Does preventing, and or denying, the right to jury trial violate individual rights of due process guaranteed under the Federal Constitution, Bill of Rights, and Declaration of Independence, regardless of age, disability, race, and or political status for disability accommodations and judicial functionality for those protective rights?

Question Presented (AI Summary)

Does the Constitution provide protected elder citizen rights for health care?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2024)

Attorneys

Pacita D. Whatley, et al.
Pacita D. Whatley — Petitioner