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Blanche A. Brown v. Joseph Friel, Police Chief, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1983 · judgment January 28, 2021


Certiorari denied · October 4, 2021
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

IT IS BELIEVED that: A Permanently Disabled Medically Vulnerable Patient’s RIGHT to: (1) REPORT Patient ABUSE: Elder ABUSE to an abuser’s Govt Medical Center employer; (2) Report Domestic Violence to Law Enforcement ;and to (3) REPORT Child Abuse,.Firearm Violence, Stalking and attempts on victim’s life; (4) PETITION the State for Protection From ABUSE (5) Alert the abuser’s employer to credible threats of workplace violence made by the abuser (6) Offer Moral Support and Communicate with her abuser’s Other Abuse Victims . . . -ARE ALL non-criminal ACTIVITIES that are PROTECTED by THE US CONSTITUTION—even if the exercise of the Victim's rights causes annoyance and distress for her abuser. 1 Pennsylvania Criminal Statute 18 PA Code $2709: provides,-a person can be Criminally Prosecuted for criminal harassment for any unwanted action toward another person done repeatedly, with a Clear Intent to annoy, alarm, or frighten. However, f (e) of the Statute presumably Erases PROBABLE CAUSE— because it Expressly EXCEPTS Constitutionally Protected, Activity and States : “This section shall NOT apply to Constitutionally Protected Activity.”

  1. PA Act 70: Adult Protective Services Act was enacted to Provide Protection for Vulnerable Adults who are unable to protect themselves, and are at risk of abuse

  2. Per 23 PA Code § 6107 (Protection from Abuse Act): The court may ORDER an ABUSER to RELINQUISH FIREARMS to local law enforcement within 24 hours as part of a temporary Protection From Abuse order if the petition demonstrates (1) abuse involving a firearm OR (2) an immediate and present danger of abuse. Failure to Relinquish firearms may subject the abuser to penalties under 18USC 922(g).

  3. ***However, Neither 23 PA Code nor Court Restraining Orders or VAWA state that a PROTECTED PARTY (abuse victim) who Files a Petition for Protection can be held to violate the Court Order or be arrested or Prosecuted for allegedly violating the Restraining Order, OR Prosecuted for REFUSING the abuser’s and Police Demand to WITHDRAW the Protection from Abuse Petition. THEREFORE 2 QUESTIONS ASKED ARE:

  4. Will a Municipal Chief Law Enforcement Officer’s pretext of PROBABLE CAUSE for RETALIATORY PROSECUTION of ABUSE VICTIMS automatically DEFEAT Plaintiffs constitutional claims: Whenever a Police Chief, acting in the role of Prosecutor DECLARES (absent proof of criminal intent) that: • Domestic Abuse VICTIMS who MAIL a copy of her COURT PROTECTION ORDER to her abuser ‘Violates her own Protection From Abuse Order” -

Counsel of record

For petitioner
Blanche A. Brown

For respondent
Gregory C. Kunkle
Thomas, Thomas & Hafer, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 13 2021
    Waiver of right of respondent Police Chief B. Joseph Friel, et al. to respond filed.
  4. Jul 26 2021
    Petition for a writ of certiorari filed. (Response due August 30, 2021)