Supreme Court of the United States · Official docket →
Terrence Fitch v. Thomas McAdams, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-2522 · judgment April 18, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The main issue before the Court pertains to the determination of subject matter jurisdiction by the Seventh Circuit of the Eastern District of Wisconsin. The Plaintiff needs to be informed that a necessary hearing, as per Turner v. Rogers, 564 U.S. 431 (2011), was not conducted. The Appellate has raised concerns regarding subject matter jurisdiction in various state court proceedings due to the absence of the required Turner hearing. This raises questions about the potential violation of the Appellant's due process rights and whether it constitutes a valid legal basis for court intervention? The Accardi Doctrine Requires government officials to follow agency regulations which has become an important rule of law even when it’s not convenient. Unpublished agency guidelines are not considered binding rules under this doctrine, but guidelines that establish procedural and substantive restraints to protect individuals from arbitrary treatment by government officials should be covered. It's important to have a consistent application of these rules, especially in cases where individual rights are affected. See United States ex rel. Accardi vs. Shaughnessy, 347 U.S. 260 (1954).
Counsel of record
For petitioner
Terrence Fitch
For respondent
William G. Davidson
Milwaukee Count Office of Corporation Counsel
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 30 2023Petition DENIED.
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Sep 11 2023Waiver of right of respondents James Sullivan, Samantha Levign, Aliyya Hunt, Ann Hetzel and John Barrett to respond filed.
- Sep 06 2023Waiver of right of respondent Lisa Bangert to respond filed.
- Sep 01 2023Waiver of right of respondent Thomas McAdams to respond filed.
- Jul 20 2023Petition for a writ of certiorari filed. (Response due September 25, 2023)