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Conghua Yan v. Mark A. Taylor, Individually and in His Official Capacity as Criminal District Office Investigator, Tarrant County, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-10288 · judgment October 25, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This petition addresses an unpublished dismissal - . of a constitutional challenge to a goyernment. barring Petitioner and everyone from filing individual criminal complaint of perjury to the law enforcement.
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Whether a criminal District Attorney office policy that allows the sheriffs office to only accept criminal perjury complaints only at the request of presiding judges in their official capacity deprives individual’s right in their private capacity to petition the government for redress of grievances under the First Amendment.
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Other than deprivation of individual right character, whether the judicial branch can possess exclusive privilege to open or request criiliinalp'brj'iai^!?5*^^^^^^!'^^^^^^ complaint, this is a matter of first impression.
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Whether claims seeking adjudication for one's own treatment (individual right to file a First Amendment petition) versus the treatment of others (private cause of action to prosecute others) represent distinguishable legal theories.
Counsel of record
For petitioner
Conghua Yan
For respondent
Omar Famada
Tarrant County Criminal District Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 16 2025Petition DENIED.
- May 27 2025DISTRIBUTED for Conference of 6/12/2025.
- Apr 28 2025Waiver of right of respondent Mark Taylor, et al. to respond filed.
- Feb 05 2025Petition for a writ of certiorari filed. (Response due May 12, 2025)