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Michelle Smith v. Peter B. Krupp, Judge, Superior Court of Massachusetts, Norfolk County, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1004 · judgment August 21, 2023


Certiorari denied · April 1, 2024
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. Whether the Rooker Feldman Doctrine was intended to shield Defendants; in a Title 42 section 1983 claim, in immunity for their actions of fraudulently initiating and harmfully conducting State Court proceedings with a Want of Jurisdiction and Usurpation of Power?

  2. Whether the Rooker Feldman Doctrine applies to cases where the Petitioner alleged that a “Fraud of the Court” was perpetrated on the court, by Respondents French, Pinheiro, and Bigley?

  3. Whether the Rooker Feldman Doctrine applies to this independent claim in Federal Court where the Petitioner seeks redress, not for a State Court Judgment that has been paid, but rather for the injuries inflicted by the MA State Court Proceedings that constituted Want of Juris­ diction and a Subversion of Congress / State? (i)

Counsel of record

For petitioner
Michelle Smith

For respondent
Labdhi Sheth Desai
Office of the Massachusetts Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 01 2024
    Petition DENIED.
  2. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  3. Feb 29 2024
    Waiver of right of respondent Krupp, et al. to respond filed.
  4. Feb 29 2024
    Waiver of right of respondent Ann Pinheiro to respond filed.
  5. Nov 16 2023
    Petition for a writ of certiorari filed. (Response due February 29, 2024)