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Alaa Elkharwily v. Kaiser Permanente, et al.

IFP petition · Court of Appeals of Washington, Division 2, No. 55283-3-II · judgment August 19, 2025


Certiorari denied · March 30, 2026

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

  1. May 26 2026
    Rehearing DENIED.
  2. May 05 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. Apr 24 2026
    Petition for Rehearing filed.
  4. Mar 30 2026
    Petition DENIED.
  5. Mar 23 2026
    Motion of petitioner to defer consideration of the petition for a writ of certiorari filed.
  6. Mar 12 2026
    DISTRIBUTED for Conference of 3/27/2026.
  7. Feb 13 2026
    Waiver of right of respondent Kaiser Foundation Health Plan of Washington; sued herein incorrectly as Kaiser Permanente; Group Health System to respond filed.
  8. Feb 13 2026
    Waiver of right of respondents Bennet Bigelow & Leedom, P.S. Bruce Megard, and Erin Seeberger to respond filed.
  9. Feb 13 2026
    Waiver 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.
  10. Feb 09 2026
    Waiver of right of respondents Franciscan Health System, William Cammarano, Tony Haftel, Dennis deLeon, Kimberly Nighswonger to respond filed.
  11. Nov 17 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)