Brian Benson, et al. v. Ann Kemske, et vir

Whether pro se litigants in civil cases in fed­ eral court are entitled under the due process clause to have their pleadings liberally construed by the courts, and were denied by the District Court to Petitioners.

Whether it is reversable error when a Federal Judge dismisses a case in its entirety upon a motion to dismiss the entire complaint for res judicata that only applies to one count of the amended complaint for fraud and conversion, thereby denying due process and equal protection under the Fourteenth Amendment to be heard on the original action for a Declaratory Judgment that was also included in the amended complaint.

Whether in an action in equity to quiet title to mineral acres in North Dakota that a subsequent res judicata argument applies to that equitable action with the argument that fraud should have been raised in the title action even though the North Dakota statutes on quiet title actions specifically only allows money damages for improvements to property. Not any other counter claims or cross claims for monetary damages.

Whether the abject failure of both the state and federal courts to provide due process to the Bensons is a chilling example of the failure of the Judicial system to provide fundamental rights for all pro se litigants across the country compelling the U.S. Supreme Court to address this national problem in the failing of the judiciary to provide due process and equal protection.