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Danos Kallas v. Theresa L. Egan, Executive Deputy Commissioner of the Department of Motor Vehicles of the State of New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-717 · judgment January 22, 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

  1. “Whether the civil enforcement system should be modified nation-wide to integrate an educational option (with limitations for repeat offenders and retention of checks on citizen abuse) that would substantially dampen the effects of discrimination and arbitrary taxation, educate the public, and improve police-community relations and the public's perception of the police, and information sharing, in order to comport with Equal Protection and Due Process and the compelling, common sense, interest in information sharing between the public and the police...” Kallas v. Fiala, 591 Fed. Appx. 30 (2d Cir. 2015), No. 14-310, 2015 WL 399127 (2d Cir. Jan. 30,

  2. SUMMARY ORDER, reh’g denied, No. 13 Civ. 8816 (GBD) (S.D.N.Y. Jan. 13, 2014), cert, denied, pet. for cert, at (i).

  3. Whether “...the statutes are also Unconstitutional under Equal Protection and Due Process because they do not integrate an objective progressive (sliding scale) fine schedule, thereby having the effect of disproportionately burdening minorities (who are proven, as a populace, to be less able to pay fines) and suppressing their upward mobility despite same being purportedly a key component of the American way of life. Thus, another problem with the "broken windows" view, other than that it also incorrectly presumes (at least until recently?) that enforcement is even-handed at this threshold, is not in its principle or that it apparently has the effect of lowering over-all crime but in its effect on minorities who are paying an unfairly disproportionate share of the cost and remaining (i)

Counsel of record

For petitioner
Danos Kallas

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Sep 03 2021
    Waiver of right of respondent Theresa Egan to respond filed.
  4. Jul 29 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)