Daphnie Newman Boudy v. McComb School District, et al.

This case is of national significance and is one of the worst ADA violations of federal civil pro se cases in U.S. history. The 5th Circuit sets a dangerous precedent for marginalized groups, minorities, individuals with disabilities, employees with reasonable ADA accommodations, and children of indigent, disabled parents with preexisting mental illnesses, who are pro se litigants with little options, legal recourse, and faced with massive and intentional judicial bias. This petition highlights clear errors, significant violations of legal fairness, violations of ADA, complete failure of the 14th Amendment, and shows systemic failures from the supervisor, school, superintendent, school district, school board, school board attorneys, Petitioner’s attorneys, the Southern District of Mississippi and the 5th Circuit Court of Appeal. The following questions are presented:

1. Did the 5th Circuit Court set a dangerous precedent, clear err, caused a major breach, violations of legal fairness and chronically violated Petitioner’s due process when it affirmed dismissal of Petitioner’s case (Appended 1) based on the same notarized affidavit, evidence, dates, facts and medical records used to approve her Motion to Appoint Counsel (Appended 9, pg. 2; exhibits 1 - 43) and remanded and vacated a Judgement and Sanctions on attorney fees?

2. Does the 5th Circuit need guidance as it ignored its own precedent in three cases? 1.) James Harvey, Jr. v. Marion County, Mississippi, et.al No. 2:03cv606GuRo (Boudy vs. The McComb School District, et. al. 5.23-CV30-KS-BWR - Motions to Appoint Counsel & Supplemental Complaint, Doc. 32, Dated 7/21/2023), where the 5th Circuit agreed and determined Defendant James Harvey has a history of abusing his power and taking advantage of vulnerable subordinates he supervised for his own personal gain; 2.) Bodnar v. Bodnar, 441 F.2d 1103, 1103-04 (5th Cir.

3. where Petitioner never refused to take a Mental Examination as she filed a Response showing she was unable to pay all fees ordered by the District Court due to her fixed monthly Social Security Disability Income (SSDI) of $1,067.00; and 3.) Daphnie Newman Boudy: Petition for Writ of Certiorari 2 Thilos vs. City of Nassau Bay Case No. 0:04-cr-20335 where the 5th Circuit ruled and suggested that multiple diagnoses of mental illnesses, combined with exceptional circumstances may provide a necessary threshold for a successful pro-plaintiff fact pattern and appointment of counsel as Petitioner filed a Motion to Appoint Counsel on a Limited Basis and three (3) Motions to Appoint Counsel with medical evidence and supporting documents as the 5th Circuit noted in their Opinion.

4. Did the 5th Circuit Court set a dangerous precedent, clear err, caused a major breach, violations of legal fairness and chronically violated Petitioner’s due process when the District Court alleged "contumacious behavior” “false paper trail” “she did what she wanted to do” and fictitious “warnings” on dates Petitioner experienced near fatal medical emergencies, hospitalizations and/or under doctor’s care as she (and her minor daughter) notified the court and opposing side (documented in the record and Approved Motion to Appoint Counsel for this Appeal - Appended 9)? From June - September 2023, Petitioner experienced major side effects from constant changes in medication management and additional mental illness symptoms. Petitioner admitted herself into an inpatient psychiatric treatment hospital in Jackson, MS from September 29 - October 5, 2023. On June 12, 2024 (Appended 3 and 9), Petitioner had a minor heart attack, chest pain and severe anxiety and panic attacks as she was diagnosed with septal infarct and an abnormal ECK. From June 14 - 28, 2024 (Appended 3 and 9), Petitioner was infected with a contagious shingles virus on the left side of her face that caused swelling, sores with oozing fluid and crust near her mouth and from her left eye, permanent blurred vision in her left eye from June 18, 2024 - current (Appended 3 and 9), fight sensitivity, cataracts, permanent left side facial herpetic neuropathy, and was advised by her doctors to not spread the contagious virus and to avoid vulnerable populations. When Petitioner learned hearings and conferences were being held without her knowledge, she requested to be afforded the same opportunities as Defendants and their attorneys to appear in court via Zoom, but her request was denied as the 5th Circuit noted in their Opinion.

5. Did the 5th Circuit Court set a dangerous precedent, clear error, caused a major breach, violations of legal fairness and chronically violated Petitioner’s due process when it ruled on Petitioner’s case as a Title VII case only? During Oral Arguments on September 2, 2025, 5th Circuit Court Judge Prsicilla Richman asked Defendants Attorney Mary Clark Joyner if this was a disability case. Attorney Mary Clark Joyner replied, “No... this is a Title VII case” as the 5th Circuit has a duty of factual findings per FRCP 52(a)(6). On April 24, 2023, Petitioner filed her original employment discrimination claim and 35 attached exhibits (Appended 2) with preexisting mental Daphnie Newman Boudy: Petition for Writ of Certiorari 3 illnesses for violations of her American with Disabilities Act (ADA) rights, Rehabilitation Act, Title VII and Title IX claims. The District Court did not rule on any claims in this case.

6. Did the 5th Circuit Court set a dangerous precedent, clear err, caused a major breach, violations of legal fairness and chronically violated Petitioner’s due process when it ignored, disregarded and failed to consider in Defendants own Reply Brief where they referenced Petitioner’s Motion to Disqualify Attorney Kashonda L. Day pursuant to FRCP 3.7 Lawyer As Witness and Conflict of Interest in 5th Circuit Court of Appeal In re: Daphnie Newman Boudy Dated 7/28/2023 Case No. 23-60401? Attorney Kashonda L. Day is listed as one of Petitioner’s necessary witnesses as she approved the elimination of Petitioner’s job and ADA accommodations with the McComb School District. Attorney Day’s testimony and notes are vital in this case. Attorney Kashonda Day never opposed being called as one of Petitioner’s witnesses as Petitioner moved to have Attorney Day disqualified, which was denied. In Disability Rights Mississippi vs. the McComb School District, et. al. No. 5:22-cv-00091-DCB-BWR, its documented that Defendants and their legal counsel (Attorney Kashonda L. Day) have a history of discriminating, violating federal law and state law in “the reporting, exploitation and abuse/neglect of students” and “impeding DRMS from exercising its federal mandate and duty to protect and advocate for individuals with mental illness.”

7. Did the 5th Circuit set a dangerous precedent and cause Circuit splits when it declared Petitioner’s two attorneys withdrew because of “major disagreements” versus they withdrew for major “ethical violations” to justify the District Court denying Petitioner’s Motion to Appoint Counsel on a Limited Basis and three Motions to Appoint Counsel and/or refusal to consider Appointment of Guardian Ad Litem in Sturdza v. United Arab Emirates, 562F.3d 1186, 1190 (D.C. Cir. 2009) (Appended 5) and Ferrelli v. River Manor Health Care Ctr., 323F.3d 196, 202 (2nd Cir. 2003) (Appended 5)? The 5th Circuit Court failed to consider in Defendants second Motion to Dismiss and Memorandum, Defendants made the District Court and Petitioner aware of her two attorneys (James Priest and Robert Olgatree) fraudulent behaviors. Petitioner’s two attorneys stated they work together on federal cases, they enrolled together and withdrew together because they failed to properly serve Defendants, made false statements to the Court and filed a fraudulent Affidavit into the record by the process server (Attorney James Priest’s father). Daphnie Newman Boudy: Petition for Writ of Certiorari 4 7. Did the 5th Circuit Court set a dangerous precedent, clear error, caused a major breach, violations of legal fairness and chronically violated Petitioner’s due process when it failed to consider Petitioner’s April 2024 Motions to Disqualify District Judge Kenneth Starrett and Magistrate Judge Bradley W. Rath pursuant to 28 U.S. Code § 455 (a)(b)(l) in 5th Circuit Court of Appeal In re: Daphnie Newman Boudy Dated 6/5/2024 Case No. 24-60276? After Petitioner filed her Motion to Disqualify in April 2024, then and only then, she displayed “contumacious” behavior, “did what she wanted to do”, created a “false paper trail” and was fictitiously “warned” her case could be dismissed if she did not follow court orders on dates she was hospitalized, under doctor’s care and/or had near fatal medical emergencies in September 2023, June 12, 2024 and June 14 - June 28, 2024, (Appended 3 and 9) and permanent left eye blurred vision from June 18, 2024 - current (Appended 3 and 9). The District Court also issued a defective May 2024 Mental Evaluation and Stay order ordering Petitioner to pay all associated fees for her mental evaluation knowing Petitioner was unable to pay as she received a fixed monthly income of about $1,067.00 from Social Security Disability Income (SSDI) (Appended 2, 8 and 9). Petitioner (with help from her minor daughter), filed a Response to mental evaluation order; waited on a response, relief and amended orders from the court, which never came.