Urve Maggitti v. Victor J. Maggitti, Jr.

“If he has a right, and that right has been violated, do the laws of this country afford him a remedy? The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.” Marbury v. Madison, 5 U.S. 137, 162- 63, 2 L. Ed. 60 (1803) Under what circumstances, is it acceptable to lose the legal remedy by suit or action at law when the courts themselves have failed to perform their duty? Where can those individuals get recourse for violation of their rights when the state’s highest court is party to the failure during the “administrative” process of the case, and despite having the opportunity to rectify they chose not to. Is there a remedy for that? Petitioner comes before this Court as the remedy of last resort because the lower courts’ have violated not only meaningful access to court for vindication of injury in one case but the collateral damage Petitioner was attempting to prevent is now basically a fait accompli considering the slim to none chance of having this court choose this case for review. “Due process does not, of course, require that the defendant in every civil case actually have a hearing on the merits What the Constitution does require is ‘an opportunity k k k granted at a meaningful time and in a meaningful manner” Boddie v. Connecticut, 401 U.S. 371, 378, 91 S. Ct. 780, 786, 28 L. Ed. 2d 113 (1971) n