No. 24-5833

Douglas Fauconier v. Virginia

Lower Court: Fourth Circuit
Docketed: 2024-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fourteenth-amendment parole-eligibility section-1983 strict-scrutiny
Latest Conference: 2024-11-15
Question Presented (from Petition)

A. Did the substantive component of the Fifth and Fourteenth Amendments ' Due
Process Clauses require the United States Court of Appeals for the Fourth
Circuit to use the strict scrutiny standard in its review of the District Court 's
Denial of the Petitioner 's 42 U.S.C. § 1983 Complaint in which Petitioner
alleged that he was denied equal protection under the law when the Virginia
General Assembly amended the statute, which had been enacted in that State
to abolish parole, enacted under Code of Virginia § 53.1-165.1?

B. Based on the United States Supreme Court precedent established in
McGowan v. Maryland , 81 S. Ct. 1101 (1961), the United States Court of
Appeals for the Fourth Circuit erred in affirming the judgment of the District
Court which had decided that the Petitioner 's 42 U.S.C. § 1983 Complaint did
not state an equal protection claim.

Question Presented (AI Summary)

Whether the Fifth and Fourteenth Amendments' Due Process Clauses require strict scrutiny review of a state statute amendment affecting parole eligibility under an equal protection challenge

Docket Entries

2024-11-18
Petition DENIED.
2024-10-31
DISTRIBUTED for Conference of 11/15/2024.
2024-10-30
Waiver of right of respondent Virginia to respond filed.
2024-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2024)
2024-06-11
Application (23A1098) granted by The Chief Justice extending the time to file until July 10, 2024.
2024-05-22
Application (23A1098) to extend the time to file a petition for a writ of certiorari from June 10, 2024 to July 10, 2024, submitted to The Chief Justice.

Attorneys

Douglas Fauconier
Douglas Fauconier — Petitioner
Virginia
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent