No. 24-5094

Kenyatta Quinn Mitchell v. Paul Bennett, et al.

Lower Court: Ninth Circuit
Docketed: 2024-07-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 11th-amendment 42-usc-1983 circuit-court-review civil-rights constitutional-provisions due-process heck-v-humphrey judicial-discretion legal-standards plra procedural-due-process state-law statutory-interpretation
Latest Conference: 2025-04-17 (distributed 2 times)
Question Presented (from Petition)

Did the Ninth Circuit and Fifth District Court apply all necessary and properly applicable elements to the petitioner's 42 U.S.C. Section 1983 claim?

Did the Ninth Circuit and the District Court properly consider the merits at the time the action was completed and presented at the time of filing?

Did the Ninth Circuit and the District Court improperly apply the Eleventh Amendment provision to the defendants even for actions outside of their functional operations?

Did the Ninth Circuit and the District Court improperly reviewed matters concerning laches to disband the liability of the defendants, even from a Constitutional perspective according to Supreme Court precedents?

Did the Ninth Circuit and the District Court properly apply a strict scrutiny analysis to the 42 U.S.C. Section 1983 claim that petitioner did not raise?

Did the Ninth Circuit and the District Court overlook the actual injury prerequisite of the 42 U.S.C. Section 1983 private cause of action that petitioner did raise?

Did the District Court unnecessarily require the petitioner to amend the complaint when there was merit to the claims already made?

Did the Ninth Circuit and the District Court overlook the petitioner's Fourteenth Amendment State law that provides procedural safeguards in order to protect one's liberty, and that a deprivation of these procedural safeguards infringed on the petitioner's liberties under the Fourteenth Amendment claims regarding?

Did the Ninth Circuit and the District Court improperly deny the petitioner a preliminary injunction?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2025-04-21
Rehearing DENIED.
2025-04-01
DISTRIBUTED for Conference of 4/17/2025.
2024-10-24
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2024)

Attorneys

Kenyatta Mitchell
Kenyatta Q. Mitchell — Petitioner