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Patrick J. Downey v. City of Toledo, Ohio

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3894 · judgment April 16, 2021


Certiorari denied · January 10, 2022
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. Do federal courts have legal authority to alter or amend the plain meaning of a lawfully-enacted statute of a sovereign state or a lawfully-enacted ordinance of a sovereign municipality that were an exercise of the state or municipality’s police powers? Issue Reserved on Remand if Court Rules for Petitioner on Question 1 A. Did the City of Toledo’s (“Respondent”) ordinance (TMC § 313.12) and hearing (“Hearing”), under color of law, unconstitutionally force Patrick J. Downey (“Petitioner”) to choose between exercising his right to due process of law under the Fourteenth Amendment and his right against self-incrimination under the Fifth Amendment?

  2. Did Parratt v. Taylor, 451 U.S. 527 (1981) provide legal authority for the circuit court to enter judgment against. Petitioner, a non-prisoner plaintiff, for failing to exhaust state court remedies when Petitioner’s Declaratory Judgment Act complaint alleged violations of his right to due process of law under the Fourteenth Amendment and 42 United States Code (“USC”) § 1983?

Counsel of record

For petitioner
Patrick J. Downey

For respondent
John Thomas Madigan
City of Toledo, Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 03 2021
    Waiver of right of respondent City of Toledo, OH to respond filed.
  4. Nov 02 2021
    Petition for a writ of certiorari filed. (Response due December 6, 2021)