Lucinda Jones v. David W. McKeague, Senior Judge, United States Court of Appeals for the Sixth Circuit, et al.

The Declaratory Judgment Act: § 2201 of Title 28 of the United States Code Section 2201 authorizes “any court of the United States . . . [to] declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. The Sixth Circuit affirmed the district court ruling that it lacked jurisdiction over Petitioner’s due process-retaliation claim; notwithstanding (a) Congress’ purpose in enacting declaratory law is to declare the right and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought, anhd (b) because acknowledgement of 28 U.S.C. § 2201 would advance the statutory purpose of the law.” Two questions are presented: I. Does the Declaratory Act of 28 U.S.C. § 2201 afford jurisdiction over non-merit claims for due process violations? II. Does 28 U.S.C. § 2201 compel district court judges to make findings of fact and conclusions of the law in non-merit cases, where facts are material to awarding sanctions, and are appellate court judges compelled to review the record to determine whether or not to support the trial court’s ruling?