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Elaine Ward v. City of New York, New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2973 · judgment June 17, 2019


Certiorari denied · January 13, 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 a complaint in federal district court against City of New York, for denying Ward, no­ tice, service of process and an opportunity to be heard by the City’s Attorneys in addition to their use of per­ jured affirmations and no filings in the New York County Clerk’s Office prior to the finalization of the deprivation of Ward’s property, in state court. The District Court, sua sponte dismissed the com­ plaint without any responsive pleadings or motions; 2nd Circuit affirmed with a summary order. In 2nd Circuit proceedings defendants’ (again) used perjured affirmations, commercial metering ma­ chines in lieu of U.S.P.S. and failed to follow the rules for using summary orders as citations, and the 2nd Cir­ cuit failed to rule on Ward’s objections. THE 1st QUESTION: 1. Is there a violation of due process and equal pro­ tection under the 5th and 14th amendments as re­ lated to 42 U.S.C. 1983, when a municipality, fails to comply with the appropriate local statutes, for purposes of transparency, the public interest, and the Constitutional rights of the individual(s) who have a protected interest at stake in a matter, at the time of transferring that matter from and be­ tween the trial court and the appellate court, to the highest court of the state, which creates a right to be heard in federal court that is independent of the state court?

Counsel of record

For petitioner
Elaine Ward

For respondent
Don Ray Sampen
Clausen Miller P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 06 2019
    Waiver of right of respondents The Law Offices of Stuart A. Klein, Esq., et al. to respond filed.
  4. Dec 03 2019
    Waiver of right of respondent Par Plumbing Co. Inc. to respond filed.
  5. Nov 18 2019
    Waiver of right of respondents City, Stringer, de Blasio, et al. to respond filed.
  6. Oct 21 2019
    Petition for a writ of certiorari filed. (Response due December 13, 2019)