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Latrell Germany v. Capitol One Auto Finance, et al.
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-3305 · judgment April 9, 2026
Question presented
Whether a Federal District Court (specifically the U.S. District Court for the Eastern District of Missouri) and a Court of Appeals violate a pro se litigant's Fifth and Fourteenth Amendment Due Process rights by summarily dismissing a civil rights action sua sponte without notice, an opportunity to amend, or an evidentiary hearing, in direct conflict with this Court's long-standing mandate in Haines v. Kerner that pro se pleadings must be held to less stringent standards than formal pleadings drafted by lawyers. Whether an extrajudicial entry onto a citizen’s private residential curtilage by a secured lender's third-party recovery agents to repossess an automotive asset constitutes a breach of the peace under state property law (Mo. Rev. Stat. § 400.9-609), thereby stripping the private actors of self-help authority and rendering the subsequent title-transfer by state administrative agents a joint state-sponsored violation of the Fourth and Fourteenth Amendments.
Counsel of record
For petitioner
Latrell Germany
For respondent
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Case
Conference history
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Proceedings
- Jul 17 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2026)