No. 24-5358

James Andrew Metcalf v. GEO Group, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2024-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights court-access covid-19-restrictions prisoners-rights pro-se-filing summary-judgment
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2024-10-18
Question Presented (from Petition)

Are prisoners' Constitutional Rights to access the Courts violated when the institutional law library is closed in response to COVID-19 protocols, leaving the prisoners without any meaningful means to research or prepare any filings for extended periods of time?

Should Courts be more favorable and compelled to grant pro se prisoners' motions for appointment of counsel when unprecedented events, such as COVID-19, causes the institutional law library to be closed for extended periods of time as presented in question one?

Are prisoners' Constitutional Rights under the Eighth Amendment violated when prisoners are diagnosed by a specialist and prescribed treatment, and the medical staff at the prison ignores the diagnosis and treatment of the specialist, leaving the diagnosed medical condition untreated?

Are prisoners' rights under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12102 and 12131 violated when diagnosed with a disability and the prison medical staff ignores the disability and refuses to provide the disabled prisoner reasonable accommodations?

Is it proper for the District Court for the Eastern District of Virginia to reject a prisoner's pro se complaint as a "verified" document based on the wording or muddled draftmanship in the verification statement under the liberal construction rule?

Is it proper for the District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit not to consider "unrebutted legally significant evidence" when deciding material issues of fact at summary judgment?

Question Presented (AI Summary)

Whether prisoners' constitutional rights are violated by court procedural technicalities that impede access to justice during COVID-19 pandemic

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-10
Waiver of right of respondent The GEO Group, Inc., Michael Breckon to respond filed.
2024-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2024)

Attorneys

James A. Metcalf
James Andrew Metcalf — Petitioner
The GEO Group, Inc., Michael Breckon
Gregory BeanGordon Rees Scully Mansukhani, LLP, Respondent