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John Barth v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 18-2243 · judgment August 7, 2019


Certiorari denied · November 12, 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.

Questions presented

  1. Violation of Constitutional Rights Did acts of a federal court in publishing sealed documents of investigation rather than returning them, violate rights of the Plaintiff (a) against the taking of private property, (b) to due process and equal protection, (c) against the seizure of papers and effects, and (d) to the copyright in sealed documents? Shall this Court order compensation under the takings clause?

  2. Resolution of Conflicting Jurisdiction Denials Will the Court (a) clarify the conflicting and evasive jurisdiction decisions of the circuit courts, to ensure jurisdiction of federal claims in either the Court of Federal Claims or district courts, and (b) review the case de novo, to avoid remand to biased courts?

  3. False “Sovereign Immunity” to Nullify Rights Does the lower court resurrection of the tyrant’s defense of “sovereign immunity” violate and seek to nullify the rights of citizens guaranteed by the Constitution and laws of the United States, including the Takings clause of the Fifth Amendment, the Tucker Act and Federal Tort Claims Act, the Civil Rights Act, and many prior decisions of this Supreme Court?

Counsel of record

For petitioner
John S. Barth

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 12 2019
    Petition DENIED.
  2. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  3. Oct 11 2019
    Waiver of right of respondent United States to respond filed.
  4. Sep 06 2019
    Petition for a writ of certiorari filed. (Response due October 21, 2019)