William Breck v. Raul Hernandez, et al.

QUESTION 1: Whether entry of a Default Judgment on a Complaint that fails to meet the minimum pleading requirements of FRCP Rule 8 (or 9(b), if applicable) is a violation of the ‘Due Process’ clause of the 14th Amendment to the U.S. Constitution, or beyond the jurisdiction of the Court. QUESTION 2: Whether a State Court’s failure to apply a Rule promulgated as a ‘Mandatory’ Rule of Pleading by the State’s Supreme Court is a violation of the ‘Due Process’ or ‘Equal Protection’ clauses of the 14th Amendment to the U.S. Constitution. QUESTION 3: Whether the exclusion of a defaulted Defendant from testifying in the ‘damages phase’ of a case before the court, without good cause, is a violation of the ‘Due Process’ or ‘Equal Protection’ clauses of the 14th Amendment to the U.S. Constitution.