Emory D. Christian v. Rancho Grande Manufactured Home Community, et al.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African AmericanOwned Media, 139 S. Ct. 2693 (2019) operate to provide lower district courts with unconstrained discretion to: “Throw the baby out with the bathwater,” i.e., dismiss meritorious civil rights complaints at the Fed. R. Civ. P. 12(b)(6) stage under the pretext that a complaint fails to plead sufficient facts giving rise to the inference of “but for” causation, pursuant to Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African American-Owned Media, 139 S. Ct. 2693 (2019), when subject dismissal is, in fact, based upon lower district courts’ flawed orders evidencing infidelity to the Constitution, Congressional intent and this Court’s procedural and substantive rule of law which are destructive to American democracy and societal order. The questions presented are:

1. Whether a lower court of appeals sanctioned a lower district court’s decision that departed so far from the accepted and usual course of judicial pro­ ceedings, . . . that it calls for the Supreme Court to invoke its supervisory power;

2. Upon the allegation that members of a 42 U.S.C.S. § 1985(3) civil conspiracy, engaged in joint actions to deprive an individual of her fundamental constitutional freedoms, on the basis of race, whether Comcast v. National Association of African AmericanOwned Media, 139 S. Ct. 2693 (2020) provides a suffi­ ciently detailed, process-oriented, method of analysis