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Shabnam Dastmalchian v. Department of Justice, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56239 · judgment February 22, 2018


Certiorari denied · November 19, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the interplay of the Constitution, Fed.R.Crim.P. 7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party California LLC property, which had never been subject to a criminal investigation and conviction. Whether the government employees are a!- lowed to "bully and extort" a citizen against the established law, after terrorizing her with pressure, duress, coercion, mental anguish, -and threat, then the lower courts gave them immunity, and left the Petitioner's tort claim against the United States unaddressed. By extension, if a doctor practicing in a hospitails arrested and convicted of a crime relating to his medical practice at that hospital, does that conviction result in seizure or forfeiture of hospital property?

Counsel of record

For petitioner
Shabnam Dastmalchian

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 19 2018
    Petition DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 22 2018
    Waiver of right of respondents Dept. of Justice, et al. to respond filed.
  4. Sep 27 2018
    Petition for a writ of certiorari filed. (Response due October 31, 2018)