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John Fakla v. Matthew Geist, Individually and in His Official Capacity as Middlesex Borough Police Chief, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 24-2610 · judgment July 17, 2025


Certiorari denied · December 15, 2025

Questions presented

  1. Whether the district court and court of appeals erred by applying Heck v. Humphrey, 512 U.S. 477 (1994), to bar petitioner’s § 1983 malicious prosecution claim, despite this Court’s decision in Thompson v. Clark, 142 « S. Ct. 1332 (2022), holding that favorable termination occurs whenever ® charges end without a conviction.

  2. Whether the district court’s sua sponte imposition of a June 17, 2020 cutoff date for all claims—before petitioner’s indictment was dismissed with prejudice in 2021—conflicts with this Court’s accrual doctrine and deprived petitioner of the ability to litigate nearly a decade of misconduct.

  3. Whether the ex parte denial of sanctions and termination of discovery— without notice, briefing, or adjudication under Rule 37—violated due process and the Judicial Canons, and whether the court of appeals erred in ratifying that deprivation as “waived.”

  4. Whether the district court’s sua sponte conversion to summary judgment while discovery remained outstanding, and its dismissal of the Middlesex Borough Police Department without findings under Monell v. Department of Social Services, 436 U.S. 658 (1978), violated Rules 16, 37, and 56(d), and deprived petitioner of a jury determination on probable cause and malice.

  5. Whether systemic misuse of psychiatric evaluations to prolong prosecutions and suppress civil claims—recognized by a New Jersey court in 2025 as requiring a Temporary Restraining Order—raises issues of exceptional national importance warranting this Court’s intervention.

Counsel of record

For petitioner
John Fakla

For respondent
Donald A. Klein
Weiner Law Group LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 15 2025
    Petition DENIED.
  2. Dec 08 2025
    Reply of petitioner John Fakla filed. (Distributed)
  3. Nov 26 2025
    DISTRIBUTED for Conference of 12/12/2025.
  4. Nov 12 2025
    Brief of respondents Matthew Geist, et al. in opposition filed.
  5. Oct 08 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2025)