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Michael Anthony Deem v. Lorna M. DiMella-Deem, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-1630 · judgment April 9, 2020


Certiorari denied · October 5, 2020
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

Petitioner filed federal question claims against Respondents for, inter alia, violation of his rights to exercise his religion, keep and bear arms, associate with his children, due process and malicious prosecution. The District Court dismissed the complaint sua sponte. The Second Circuit affirmed pursuant to its Domestic Relations Abstention Doctrine and awarded costs. I. MAY LOWER FEDERAL COURTS REFUSE TO EXERCISE JURISDICTION OVER FEDERAL QUESTION CLAIMS IN THE ABSENCE OF A WARRANT TO DO SO FROM CONGRESS OR THIS HONORABLE COURT? II. IS THE SECOND CIRCUIT’S DOMESTIC RELATIONS ABSTENTION DOCTRINE UNCONSTITUTIONALLY VAGUE? III. DID PETITIONER DEMONSTRATE OBSTACLES TO A FULL AND FAIR DETERMINATION OF HIS FEDERAL QUESTION CLAIMS IN STATE COURT THAT PREVENT THE OPERATION OF THE SECOND CIRCUIT’S DOMESTIC RELATIONS ABSTENTION DOCTRINE?

Counsel of record

For petitioner
Michael Anthony Deem

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. May 11 2020
    Petition for a writ of certiorari filed. (Response due June 29, 2020)