When the government deprives a person of his property, it must explain the legal and factual bases for its decision.
Fairfax, VA (PRWEB) May 04, 2014
Phillip B. Leiser, Esq., of The Leiser Law Firm, PLLC, filed a lawsuit in federal court against the Supreme Court of Virginia. As the nominal plaintiff, his firm is seeking a declaratory judgment from the federal courts to require judges to demonstrate their respect for litigants’ due process rights guaranteed by the 14th amendment to the U.S. Constitution. The suit was filed in the U.S. District Court for the Eastern District of Virginia, in Alexandria, Virginia on April 16, 2014 (Civil Action No. 1:14-CV00407).
The current lawsuit is based on the 1970 U.S. Supreme Court decision in Goldberg v. Kelly (Goldberg v. Kelly, 397 U.S. 254, 271 (1970)), in which the High Court held that due process of law requires that when the government deprives a person of his property, it must explain the legal and factual bases for its decision.
It is partially based on a 2006 case (Huaman v. Aquino, 272 Va. 170, 175-76, 630 S.E.2d 293, 296-97 (2006)) argued by Leiser before the Supreme Court of Virginia. In the Huaman v. Aquino case, the court held that a lawsuit (as distinguished from the proceeds of the lawsuit) is itself, personal property in Virginia. That decision became binding law on all subsequent lawsuits filed in any Virginia state court.
It is also based on a 2010 case (Record No. 111280 which was an appeal from the Circuit Court of Fairfax County, Case No. 2010-1888 consolidated with 2009-003041) Leiser argued before the Supreme Court of Virginia, "in which the judge dismissed certain claims but failed to provide any explanation of why he did so, thereby depriving the plaintiff of his lawsuit--or property--and violating the plaintiff's civil rights," Leiser said.
About The Leiser Law Firm, PLLC:
The Leiser Law firm handles both civil and criminal trials and appeals, in both state and federal courts, primarily in Virginia and D.C. Founded in 2000, the Firm’s practice areas include: Employment Law; Personal Injury & Medical Malpractice; Divorce; Business Litigation; Criminal & Traffic Defense, and a variety of others. The firm consists of four attorneys and three paralegals. http://www.legalproblemsolvers.com.
For more information and media interviews, please contact:
Phillip B. Leiser, Esq.
The Leiser Law Firm, PLLC
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