No. 24-6650

Abdullah Sall v. Sarah Fair George, et al.

Lower Court: Second Circuit
Docketed: 2025-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights conspiracy defamation discrimination statute-of-limitations summary-judgment
Latest Conference: 2025-04-25
Question Presented (from Petition)

According to established legal precedent, the deadline for
submitting an appeal carries substantial legal implications for
both litigants and defendants. See Budinich v. Becton Dickinson
& Co., 486 U.S. 196, 202 (1988). Despite the court 's awareness of
my homeless status and its potential impact on my case, the
United States District Court for the District of Vermont in
Burlington rendered a decision, leading to the expiration of the
timeframe for filing an appeal. The way in which my complaint
was handled by the District Court has raised several unresolved
legal questions. These questions shed light on fundamental flaws
in both the statute of limitations and the federal civil procedures,
calling into question the integrity of the American legal system.
Additionally, summary judgment is deemed appropriate when it
is demonstrated that the standard outlined in the Rule 56 FRCP
is satisfied or accomplished not due to the court discovering a
means to dismiss a claimant's complaint. A district court has the
authority or the discretion to decide on a case either by
considering the merits of the pleadings or by following the rules
or case law. In all cases, the judge has the final say in all
outcomes. Furthermore, Rule 8 FRCP prescribes the essential
content of pleadings in all civil cases in federal district courts.
Rule 8(a) directs that a complaint "must contain " a statement of
jurisdiction, a demand for relief, and "a short and plain
statement of the claim showing that the pleader is entitled to
relief. " The rule further provides that "each allegation must be
simple, concise, and direct. No technical form is required. "
Additionally, Fed. R. Civ. P. 15(cXl)(B) stipulates that an
amended pleading will "relate back " to the date of an original
pleading if the amended pleading "asserts a claim or defense that
arose out of the conduct, transaction or occurrence set out - or
attempted to be set out - in the original pleading. " I respectfully
request the granting of this Petition to effectively address these
following consequential questions:

1. The question presented in the petition is whether the
United States District Court for the District of Vermont in
Burlington abused its discretion by applying improper
legal standards and hastily resorting to summary
judgment to deny my claim of continuous violation against
the respondents.

2. Whether my defamation claim against respondent Seven
Days, Inc. sufficiently pleads equitable tolling just with
direct evidence and by presenting detailed factual
allegations from which, when collectively considered,
equitable tolling could plausibly be inferred.

3. Does Title VII of the Civil Rights Act of 1964 prohibit
employers from engaging in defamatory misconduct based
on race, religion, ethnicity, or national origin?

4. Whether the statute of limitations applies even in cases of
ongoing misconduct. See Local Motion, Inc.

5. Whether my assertion of a section 1985 conspiracy against
Seven Days, Inc., is considered the introduction of a new
claim? Further, whether the statute of limitation timebarred my complaint against respondent Seven Days, Inc.,
even though all the evidence points to the respondent's
misconduct as the cause for my inability to file within the
specified deadline.

6. Is a newspaper that participates in an act to advance a
conspiracy liable under section 1985 ? Does the misconduct
of the office of the prosecutor and a major publication
constitute a.

Question Presented (AI Summary)

Whether the District Court abused its discretion by applying improper legal standards and hastily resorting to summary judgment to deny a claim of continuous violation

Docket Entries

2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-04-01
Waiver of right of respondent Local Motion, Inc. to respond filed.
2025-03-31
Waiver of Seven Days of right to respond submitted.
2025-03-31
Waiver of right of respondent Seven Days to respond filed.
2025-03-31
Waiver of right of respondents Sarah Fair George and Chittenden County State's Attorney Office to respond filed.
2025-03-25
Waiver of right of respondent Greater Burlington YMCA to respond filed.
2025-03-24
Waiver of right of respondents Towns of Bolton, Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, Shelburne, St. George, Underhill, Westford, Williston, and City of Winooski to respond filed.
2024-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2025)

Attorneys

Abdullah Sall
Abdullah Sall — Petitioner
Greater Burlington YMCA
Elizabeth Kidder RattiganDowns Rachlin Martin PLLC, Respondent
Local Motion, Inc.
Melinda J. CaterineLittler Mendelson, P.C., Respondent
Sarah Fair George and Chittenden County State's Attorney Office
Kerin E. StackpolePaul Frank & Collins, P.C., Respondent
Seven Days
Matthew B. ByrneGravel & Shea, P.C., Respondent
Towns of Bolton, Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, Shelburne, St. George, Underhill, Westford, Williston, and City of Winooski
Michael J. LeddyMcNeil, Leddy & Sheahan, P.C., Respondent