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Mario R. Lozano v. Superior Court of Massachusetts, Suffolk County, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 15-2196 · judgment August 16, 2018


Certiorari denied · March 18, 2019
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

Suffolk Superior Court and Transcription Services are claiming 11th Amendment Sovereign State Immunity as though it is an absolute bar from a civil action. Does Congress have the authority to override the States Sovereign Immunity under the 11th Amendment to the US Constitution? Can Congress use the Section 5/Enforcement Clause of the 14th Amendment of the United States Constitution to allow private suits against non-consenting States that claim Sovereign Immunity under the 11th Amendment? Are Sovereign States bound by the federal statutes that Congress enacts, such as the "Deprivation of Rights Under Color of Law, 18 USCA 242,? Can the Sovereign States deny the 7th Amendment Right to a Jury Trial to conceal evidence of Conspiracy to Interfere with Civil Rights, 42 USCA 1985?

Counsel of record

For petitioner
Mario R. Lozano

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Nov 14 2018
    Petition for a writ of certiorari filed. (Response due February 4, 2019)