No. 24A309

Patricia Weiss v. New York, et al.

Lower Court: Second Circuit
Docketed: 2024-10-01
Status: Presumed Complete
Type: A
Tags: 42-usc-1983 civil-rights constitutional-challenge declaratory-decree judicial-abstention subject-matter-jurisdiction
Key Terms:
SocialSecurity DueProcess Patent
Latest Conference: N/A
Question Presented (from Petition)

1. Cana person obtain that "declaratory decree" in a federal court where a State Judge, and a State, are named defendants and the "declaratory decree" sought is one declaring a state statute or court rule to be "unconstitutional", and, if so, is the judicial analysis under the Declaratory Judgment Act, 28 USC § 2201, what Congress intended for use to determine if "declaratory relief' is "unavailable" ?

2. Does the abstention doctrine in Category 3 in Sprint v. Jacobs, 571 US 69 (2013) which pertains to injunctive relief against a State Judge (on which the 2™ Circuit based its affirmance of a sua sponte dismissal by a docket text entry) extend far beyond just injunctive relief and also preclude, as a matter of law, a federal district court's subject matter jurisdiction over all such declaratory relief as well ?

Question Presented (AI Summary)

Whether the 1996 amendment to 42 U.S.C. § 1983 permits federal district courts to issue a declaratory decree against a state judge challenging the constitutionality of a state law or court rule

Docket Entries

2024-10-01
Application (24A309) granted by Justice Sotomayor extending the time to file until December 6, 2024.
2024-09-20
Application (24A309) to extend the time to file a petition for a writ of certiorari from October 7, 2024 to December 6, 2024, submitted to Justice Sotomayor.

Attorneys

Patricia Weiss
Patricia Ann Pollak WeissAttorney at Law, Petitioner