No. 24-545

Richard Wershe, Jr. v. City of Detroit, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2024-11-14
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split diligence equitable-tolling habeas-corpus prisoner-doctrine retaliation
Latest Conference: 2025-01-17
Question Presented (from Petition)

1. Does the two-factor equitable tolling test supplied by this Court in Holland v. Florida, 560 U.S. 631, 649 (2010) apply to all federal equitable tolling cases, all prisoner cases, or only habeas cases, and was the Sixth Circuit correct to reject it in favor of its own five-factor test in Zappone v. United States, 870 F.3d 551, 559 (6th Cir. 2017)?

2. Should this Court formalize and standardize the emerging 'prisoner-fear-of-retaliation doctrine' among the circuits, which is available in other circuits but which the Sixth Circuit declined to adopt?

3. Is review required to clarify the distinction between the federal equitable tolling doctrine and equitable estoppel doctrine, where both lower courts applied the 'estoppel' requirement that a defendant be the cause of Petitioner's extraordinary circumstances (i.e., his fear of retaliation) to warrant equitable tolling?

4. Did the lower courts err requiring review in ruling that diligence is lacking, where, upon a prisoner's release from prison after 32 years, he promptly found an attorney, began working with said attorney to bring his claims, and brought said claims the day before his one-year probationary release period had ended (to ensure those he feared could not falsely convict him, which would his life sentence)?

5. Did the lower courts err requiring review in ruling that Respondents would be prejudiced by the age of Petitioner's claims, where Petitioner would have access to only the same evidence and it would be Petitioner who carries the burden of proof at trial?

Question Presented (AI Summary)

Whether the two-factor Holland v. Florida equitable tolling test applies universally across federal cases and how circuits should interpret diligence and fear of retaliation in prisoner claims

Docket Entries

2025-01-21
Petition DENIED.
2024-12-31
DISTRIBUTED for Conference of 1/17/2025.
2024-12-13
Waiver of Federal Respondents of right to respond submitted.
2024-12-13
Waiver of right of respondent Federal Respondents to respond filed.
2024-12-03
Waiver of right of respondents Carol Dixon, Herman Groman, Lynn Helland and E. James King to respond filed.
2024-11-26
Waiver of right of respondents City of Detroit, William Jasper, Kevin Greene to respond filed.
2024-11-06
Petition for a writ of certiorari filed. (Response due December 16, 2024)

Attorneys

Carol Dixon, Herman Groman, Lynn Helland and E. James King
John G. AdamLaw Office of John G. Adam, LLC, Respondent
City of Detroit, William Jasper, Kevin Greene
Cheryl Lee RonkCity of Detroit Law Department, Respondent
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Richard Wershe Jr.
Nabih H. AyadAyad Law, PLLC, Petitioner