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Elhadj Alpha Mahmoud Souare v. Ohio Department of Developmental Disabilities, et al.

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 26-3573


Pending

Questions presented

  1. Whether an administrative agency violates the Procedural Due Process Clause of the Fourteenth Amendment by revoking a sole proprietor's state-issued professional license without a hearing, where the agency categorically prohibits the sole owner of a single-member LLC from appearing pro se and the owner cannot afford retained counsel.

  2. Whether a federal district court errs under Federal Rule of Civil Procedure 12(b)(6) when it dismisses a 42 U.S.C. § 1983 due process claim by mischaracterizing a final, executed agency revocation order in the record as merely a non-actionable "attempt" to revoke, and where the circuits are divided on whether unopposed motions to dismiss may be granted as conceded.

  3. Whether a district court may dismiss a § 1983 constitutional challenge to final state agency action for failure to exhaust state administrative or judicial remedies, in conflict with Patsy v. Board of Regents, 457 U.S. 496 (1982), and this Court's decision in Williams v. Reed, 604 U.S. (2025).

Counsel of record

For petitioner
Elhadj Alpha Mahmoud Souare

For respondent
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Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
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Proceedings

  1. Aug 24 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2026)