Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the Nth Circuit is officially published not for publication. SCOTUS denies certification for certiorari.
Defendant B is sued after the opinion of Nth Circuit published not for publication on the exclusive facts of the case: Face A, B and C, and Defendant, in due course of the disposition of justice, is deemed liable at the U.S. District Court Subordinate to the Nth Circuit.
Defendant B, post-verdict, moves for setting aside the judgement, and attorney for Defendant B takes it on himself to disregard the rules of the court, and cites precedent of other defendants under the same circuit having been found not liable on same facts (along with citations to the Fifth and Fourteenth Amendments), attorney's motion denied, case is appealed to the Nth Circuit.
Since the lawyer paid his non-punishment, lawyer presents the argument to the Nth Circuit that the case should have been decided without regards to the person or persons of either or both parties in dispute, and justice be distributed on the facts of the case as it was in Plaintiff A. v. Defendant A , and his defendant the ruling be overturned, his defendant be declared not liable along with appealing the district courts non-punitive punishments. The Nth Circuit affirms the judgements of the district court, certification for certiorari on questions about Fifth and Fourteenth Amendment violations denied.
How was Defendant B's rights to the due process and the equal protection of law not violated under the Fifth and Fourteenth Amendments of the U.S. Constitution?
The 9th Circuit accumulated 1000 opinions it published not for publication since September 3, 2022, and published just as much for publication 1 day short since 7 years ago, December 23, 2015, and the circuit courts are not an exception to the rule, courts of appeals of the several states publish its opinions in similar fashion.