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Gwendolyn D. Gabriel, et al. v. Merry Outlaw, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-10314 · judgment March 27, 2023


Certiorari denied · October 2, 2023
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

After a Defendant/Respondent committed Fraud and Obstruction of Justice by Perjury, the other Respondents/Association-In-Fact (comprised of both Defendant’s Attorneys, Plaintiffs’ Attorneys and a Judge) conspired to commit a pattern of additional, interrelated predicate acts, i.e., Obstruction of Justice, Attempted Bribery/Witness Tampering, and a Threat, to continue to cover up the Defendant’s predicate acts, from 2010 through 2021. The Respondents’ predicate acts and/or conduct committed were interrelated and formed a pattern of racketeering activity and were the proximate cause of Plaintiffs’/Petitioners’ injuries to property and income, which included their foreclosure, eviction of a Petitioner and her minor children and filing a 3rd lawsuit with more Fraud and Obstruction of Justice, and placed Lis Pendens on 3 additional Petitioners’ properties, including a Petitioners’ homestead - that are still present to date - in order to collect on this unlawfully-obtained debt. The questions presented and constitutional issues are as follows-

  1. Whether the RICO statute, 18 U.S.C. § Section 1962(c), provides Attorneys Qualified Immunity from RICO lawsuits when compelling evidence exists that they have committed predicate acts/crimes and/or furthered the common goal of the AssociationIn-Fact, which directly injured Petitioners’ property and income.

  2. Whether attempted acts of Bribery/Witness Tampering alone, because they were

Counsel of record

For petitioner
Gwendolyn Gabriel

For respondent
Jason T. Contreras

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 09 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 11 2023
    Waiver of right of respondent Judge Tonya Parker to respond filed.
  4. Jul 03 2023
    Waiver of right of respondent John M. Frick and Bridgett Zoltowski to respond filed.
  5. Jun 12 2023
    Petition for a writ of certiorari filed. (Response due July 20, 2023)