Altony Brooks v. Sergeant Sheila Johnston, et al.

No.3.wsi In The Supreme Court of the United States ALTONY BROOKS, Petitioner, v. SERGEANT SHEILA JOHNSTON, et al., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit PETITION FOR A WRIT OF CERTIORARI Altony Brooks, pro se P.O. Box 1283 Saint Stephen, SC 29479 Table of Contents Questions Presented i List of Parties ii Opinions Below ii Jurisdiction iii Constitutional and Statutory Provisions Involved iii Statement of the Case 1 Reasons for Granting the Writ 5 I. Eleventh Amendment Misapplied to Bar State-Law Claim Against Official in Individual Capacity 5 II. Excessive Force During Post-Conviction Proceedings as a Violation of Due Process and 42 U.S.C. § 1983 8 III. Extraordinary Delay and Last-Minute Dismissal Indicating Judicial Misconduct and Violating Due Process 12 IV. Denial of State Appellate Redress (PCR Certiorari Dismissed as Improvidently Granted) Raising Fundamental Fairness Concerns 14 Conclusion ............17 Table of Authorities 18 Appendices . 21 Questions Presented Eleventh Amendment Immunity: Whether the Eleventh Amendment was improperly invoked to dismiss Petitioner's state-law assault and battery claim against a government official sued in her individual capacity - a decision that conflicts with this Court's precedent (e.g. Hafer v. Melo) holding that state officials have no Eleventh Amendment immunity in personal-capacity suits