Supreme Court of the United States · Official docket →
Alaa Elkharwily v. Kaiser Permanente, et al.
IFP petition · Court of Appeals of Washington, Division 2, No. 55283-3-II · judgment August 19, 2025
Question presented
1- UNCONSTITUTIONALLY BIASED ADJUDICATION (RULE OF NECESSITY/ SELF-INTEREST): Did the state appellate court violate the Due Process Clause of the Fourteenth Amendment by proceeding to decide a litigant's appeal and imposing punitive sanctions after that litigant filed a federal lawsuit naming the presiding judges and court personnel as co-defendants for misconduct, where the federal lawsuit was judicially validated as substantial by a United States Court of Appeals? 2- STRUCTURAL DUE PROCESS: IMPOSSIBILITY OF JUSTICE AND MANDATE OF COUNSEL: Does the Due Process Clause of the Fourteenth Amendment require the mandatory disqualification of an entire appellate judiciary—and/or mandate the appointment of counsel—when the indigent litigant, suffering from a verified disability, is forced to proceed pro se against a large, hostile legal enterprise that requires exposing conclusively established criminal misconduct by the presiding judges and court personnel? 3- CONSTITUTIONAL LIMITS ON JUDICIAL RULE-MAKING: UNREVIEWABLE ARBITRARY PUNISHMENT: Does the Due Process Clause of the Fourteenth Amendment permit a state court of last resort to rely on its internal rules (RAP) to: (a) impose a punitive monetary sanction and filing bar against a litigant without stating any legal or factual reason or analysis for the penalty; and (b) 2 of 11
Counsel of record
For petitioner
Alaa Elkharwily
For respondent
Donna Moniz
Johnson, Graffe, Keay, Moniz & Wick
Case
Conference history
Distributed for 2 conferences
Proceedings
- May 26 2026Rehearing DENIED.
- May 05 2026DISTRIBUTED for Conference of 5/21/2026.
- Apr 24 2026Petition for Rehearing filed.
- Mar 30 2026Petition DENIED.
- Mar 23 2026Motion of petitioner to defer consideration of the petition for a writ of certiorari filed.
- Mar 12 2026DISTRIBUTED for Conference of 3/27/2026.
- Feb 13 2026Waiver of right of respondent Kaiser Foundation Health Plan of Washington; sued herein incorrectly as Kaiser Permanente; Group Health System to respond filed.
- Feb 13 2026Waiver of right of respondents Bennet Bigelow & Leedom, P.S. Bruce Megard, and Erin Seeberger to respond filed.
- Feb 13 2026Waiver of right of respondents Washington Permanente Medical Group P.C. (incorrectly designated as "Group Health System" in the caption) and David Dempster, M.D. to respond filed.
- Feb 09 2026Waiver of right of respondents Franciscan Health System, William Cammarano, Tony Haftel, Dennis deLeon, Kimberly Nighswonger to respond filed.
- Nov 17 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)