Supreme Court of the United States · Official docket →
Americare Emergency Medical Service, Inc. v. New Jersey Office of Emergency Medical Services, et al.
Paid petition · Superior Court of New Jersey, Appellate Division, No. A-0117-19T4 · judgment May 27, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
On June 16, 2019 Superior Court Judge Lynott reversed AmeriCare’s license suspension after findings of provable due process and civil rights violations and reinstated Americares’s license/ property rights and standing. The Appellate Division cited the sole basis of their ruling on two (2) key status terms regarding licensure, being “Expired” or “Revoked”. They claimed that once a license was “expired” or “revoked this negated standing. AmeriCare’s license was Never “revoked” or “expired” at any time during these proceedings.
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Does the Appellate Division’s ruling regarding standing remain valid if both of the status terms the Court relied upon were held factually inaccurate, which would have given AmeriCare legal standing to challenge a constitution due process violation by a State Agency of a taking of property (a license)?
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Do the determinations of State agencies that deprive African Americans and communities of color the specialized emergency and critical healthcare services afforded other communities in the state violate the Equal Protection clause of the 14th Amendment as well as the State Constitution’s due process and equal protection requirements?
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Does the State Appellate Division opinion violate the United States Constitution’s Equal Protection Clause requirements when it declines to consider or examine evidence found by the Trial Court that disclose acts of State Agencies constituting a “taking” of property (a license) without complying with constitutionally due process procedures? 4. Does a state agency’s violation of the 14th Amendment’s due process requirement impact the rights of African Americans and other minorities when it ignores the state’s constitutional due process protections? .
Counsel of record
For petitioner
Lisa Simone Cleveland
Cooke Chevalier, PLLC
For respondent
Michael R. Sarno
New Jersey Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jun 23 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 04 2021Waiver of right of respondents New Jersey Office of Emergency Medical Services; James Sweeney; Scott Phelps and Eric Hicken to respond filed.
- May 07 2021Petition for a writ of certiorari filed. (Response due June 14, 2021)