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Evelyn Newey v. Orange County, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55499 · judgment June 29, 2023


Certiorari denied · November 13, 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

Of legal and national significance, important to realworld impact in law and order decision making, is the Peace Officers Decertification process allowing greater accountability for police conduct when on September 30, 2021, California signed SB-2, joining 46-other states leaving Hawaii, New Jersey and Rhode Island without a police decertification process; and, The Guide to Judicial Policy, Ch.2. Code of Conduct for U.S. Judges. Questions presented are,

  1. Should the public expect police to be held accountable for decisions under all circumstances, verbal and/or in writing under penalty of perjury, behavior captured on Sheriff office CCTV, and in contrast to Kansas v. Glover No.18-556, 2020 LEXIS 2178?

  2. Should an important consideration be, to investigate the district court’s decisions that appear not just erroneous but outlandishly so, when that court’s opinions suppressed facts and supporting evidence favorable to Plaintiff, the § 1983 claims denied based on the irrelevant Heck doctrine, and failure of the U.S. Magistrate Judge to self-recuse under 28 USC § 455(a) when a defendant, a client at her law firm, and which is similar and recurring to, Housing is a Human Right v. County of Orange et alP

  3. Should the court of appeals without notification to Appellant unilaterally decide to invoke Fed.R.Civ.P.21, absent “court order on motion of any party” or “of the court's own initiative”, by removing a city defendant from their docket, when that city defendant appeared on the district court’s docket, but who together dismissed Petitioner’s action for jurisdiction?

Counsel of record

For petitioner
Evelyn Newey

For respondent
Thomas G. Wianecki
Wesierski & Zurek LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2023
    Petition DENIED.
  2. Oct 24 2023
    DISTRIBUTED for Conference of 11/9/2023.
  3. Oct 06 2023
    Waiver of right of respondent County of Orange, California, et al. to respond filed.
  4. Sep 22 2023