No. 25-5543

Altony Brooks v. Sergeant Sheila Johnston, et al.

Lower Court: Fourth Circuit
Docketed: 2025-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: None
Latest Conference: 2025-09-29
Question Presented (from Petition)

Eleventh Amendment Immunity: Whether the Eleventh Amendment was improperly invoked to dismiss Petitioner's state-law assault and battery claim against a government official sued in her individual capacity - a decision that conflicts with this Court's precedent (e.g. Hafer v. Melo) holding that state officials have no Eleventh Amendment immunity in personal-capacity suits

Excessive Force and Due Process: Whether a state officer's use of excessive force against Petitioner during the pendency of Petitioner's state post-conviction relief (PCR) proceeding violated Petitioner's rights under the Fourteenth Amendment's Due Process Clause and 42 U.S.C. § 1983 - particularly in light of Hudson v. McMillian, which recognizes that the wanton infliction of pain on a prisoner is unconstitutional even absent serious injury

Judicial Misconduct - Delay and Dismissal: Whether Petitioner was deprived of due process and a fair trial by the federal district court's handling of his civil rights action - where the case languished for six years and was effectively derailed by the court's abrupt dismissal of key claims on the eve of trial - and whether such extreme delay and last-minute judicial action amounts to misconduct or an abuse of discretion warranting this Court's supervisory review.

Denial of State Post-Conviction Appellate Review: Whether the South Carolina Supreme Court's decision to grant certiorari in Petitioner's PCR case and then to dismiss that writ as improvidently granted - thereby providing no appellate review of Petitioner's substantial post-conviction claims-violated Petitioner's right to due process or access to the courts, raising constitutional concerns about the fundamental fairness of South Carolina's post-conviction relief process

Question Presented (AI Summary)

Question not identified.

Docket Entries

2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-08
Waiver of Sheila Johnston, et al. of right to respond submitted.
2025-09-08
Waiver of right of respondent Sheila Johnston, et al. to respond filed.
2025-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)
2025-04-11
Application (24A954) granted by The Chief Justice extending the time to file until July 19, 2025.
2025-03-18
Application (24A954) to extend the time to file a petition for a writ of certiorari from June 29, 2025 to July 19, 2025, submitted to The Chief Justice.

Attorneys

Altony Brooks
Altony Brooks — Petitioner
Sheila Johnston, et al.
Robin Lilley JacksonSenn Legal, LLC, Respondent