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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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In a federal civil rights claim, can I allege 1st and 14th

Customer Question

In a federal civil rights claim, can I allege 1st and 14th amendment violation's when the state denies me the equal protection of procedural due process court rules in order to subvert meritorious cases to the extent that I am essentially being denied access to the courts
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.

Yes, for example look at these cases which say that bias and prejudice is a violation of the due process clause. See footnotes 7-9.

Constitution entitles a person to an impartial and
disinterested tribunal in civil cases7, (2) that the COA
unjustifiably deprived Chan of his property because,
while affirming take-nothing summary judgment in
favor of Respondents, it issued a twenty (20) page
supporting opinion that contains over forty (40)
errors, omissions or distorted conceptions of the facts
or the law, (3) that this conduct is so obviously
unacceptable that only “a plainly incompetent”
judiciary or one which “was knowingly violating the
law would have done such a thing”8, and (4) that
judicial decisions rendered under circumstances that
suggest bias, prejudice, or favoritism should not be
allowed to stand unchanged because they undermine
the integrity of the courts and thwart the principles
on which the justice system is based.9 A-56 to A-57.

7 Marshall v. Jerrico, Inc., 446 U.S. 238, 242 (1980).
8 Malley v. Briggs, 475 U.S. 335, 341(1986); Lassiter v. Alabama
A & M Univ., 28 F.3d 1146, 1149 (11th Cir. 1994).
9 Metzger v. Sebek, 892