Supreme Court of the United States · Official docket →
Christine A. Arakelian v. City of Falls Church, Virginia, et al.
Paid petition · Supreme Court of Virginia, No. 240142 · judgment May 7, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Did the Supreme Court of Virginia err as a matter of federal, constitutional law by dismissing Petitioner’s appeal for failure “to timely file the notice of appeal in the Court of Appeals and the petition for appeal” in the Supreme Court of Virginia” (App. la), notwithstanding the fact that the Arlington County Circuit Court violated the Petitioner’s 14th Amendment due process right to a fair hearing in a fair tribunal and hence, never had jurisdiction over the case such that all Motions to Dismiss (entered by each of the Circuit Court, Court of Appeals and Supreme Court) are void ab initio and the cited Rules of the Supreme Court of Virginia are irrelevant?
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Are the Tax Injunction Act 42 U.S.C. § 1341 and the doctrine of comity unconstitutional as applied for requiring Petitioner to litigate her § 1983 claims first in Virginia notwithstanding the fact that (a) the Arlington County Circuit Court held that Virginia law does not recognize a § 1983 cause of action in the context of Board of Equalization hearings and dismissed her claim with prejudice and (b) over 22 months have passed with no 14th Amendment protections in place for the Petitioner in the context of BOE hearings?
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Are damages barred in all § 1983 state taxation lawsuits brought in federal courts against local jurisdictions that violate an individual’s 14th Amendment rights?
Counsel of record
For petitioner
Christine A. Arakelian
For respondent
Whitney A. Davis
Arlington County Attorney Office
Proceedings
- Nov 18 2024Petition DENIED.
- Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
- Sep 24 2024Waiver of right of respondent Arlington County (properly the County Board of Arlington County, Virginia) to respond filed.
- Sep 13 2024Petition for a writ of certiorari filed. (Response due October 21, 2024)
- Jul 26 2024Application (24A92) granted by The Chief Justice extending the time to file until October 1, 2024.
- Jul 22 2024Application (24A92) to extend the time to file a petition for a writ of certiorari from August 5, 2024 to October 1, 2024, submitted to The Chief Justice.