Appeals Process: Continue in 11th Circuit or Go To Supremes?

The 11th Circuit today denied my motion to transfer my existing case to it and order district court proceedings. It also denied the governments motion to clarify that it’s not allowed to order district court proceedings.

So here’s where we are: if I file a new petition in the 11th Circuit, the court *may* decide to allow me my right to be heard in district court. But, it may not, and may try to decide my case without giving me the opportunity to present evidence. It also would suck to not appeal their ruling that I can’t be in district court as-of-right. Everyone should have their day in a trial court.

If I file an appeal in the US Supreme Court, that court *may* overturn the 11th Circuit, which also has the effect of allowing me my right to be heard in district court. It *will* take a lot of time before that happens, whereas if I go with option #1 *and* the court rules well for me, it might get rid of scope & grope more quickly.

After much thought, I’ve decided that I shall simultaneously file both a new petition and a US Supreme Court appeal. Our right to have a trial, as well as our right to be free from unlawful searches, both must be litigated as expeditiously as possible. I’ve never been a fan of giving up one right to ensure another, and refuse to accept either/or when my constitution guarantees me both/and.

Filing two appeals greatly increases the cost of the fight. If you are able, your donations would be appreciated — the button is at the top-right of this page — with great thanks to those who have already donated.

8 thoughts on “Appeals Process: Continue in 11th Circuit or Go To Supremes?

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  1. how come you have not filed separate lawsuits against individual people involved (TSA agents, Broward Sheriffs Officers, etc) when you go after individuals they have to testify under oath about policy and other vital info to your cause/case! if this is about civil rights and justice and not money ( I know you are out for justice) suing the individuals will help chip away at the massive front the government has put in your way and it will make other TSA agents and police in airports across the country realize that they can be held accountable for their actions before they act in obama’s words “stupidly”. maybe the TSA may block the release of tapes in a suit against an individual tsa “agent” but, you sure as heck ask a lot of relevant questions! (under oath)

    1. Depending on which law you are suing under, the proper party may be an individual or may be an organization. There’s generally not a choice (other than to choose to sue under a different law). For example, you can’t sue a federal employee in their individual capacity for a violation of state law (see: FTCA). But, you can sue them individually for a Civil Rights Act violation, and my latest lawsuit actually does name a TSA employee individually.

      1. broward sheriffs office and employees of the fort lauderdale airport are not federal employees! they also work in unison with the tsa and have information!

  2. I wish I had the money to support your cause. I have stopped flying. I usually make at 1 or 2 trips to Europe a year but no more. I will not get on an airplane unless I have to and there is no other way to get to a placeI HAVE TO BE and I can’t see that happening

  3. John, the recent SCOTUS decision regarding EPA might be encouraging. The outcome was that a government agency cannot be “a law unto itself” and block access to the courts.

    1. sadly you think this issue of government over reach and bullying it’s citizens was resolved back …oh around when george washington president!

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