Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Campbell-Ponstingle v. Kovacic

Petition for certiorari denied on June 2, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-933 6th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Due Process Clause of the Fourteenth Amendment allows a social worker to take temporary custody of a child, without advance notice and pre-deprivation evidentiary hearing, when the social worker has probable cause to believe that the child has been abused; and, if not, whether the contrary legal principle was clearly established in 2002; and (2) whether the Sixth Circuit erred by conducting its qualified-immunity analysis of the children’s Fourth Amendment claim at a high level of generality and holding that the “absence” of case law specifically mentioning social workers was enough to clearly establish that the Fourth Amendment applies in the context of child-safety seizures by social workers in the same manner as in the criminal-law context.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 3 2013Application (13A596) to extend the time to file a petition for a writ of certiorari from January 5, 2014 to February 4, 2014, submitted to Justice Kagan.
Dec 11 2013Application (13A596) granted by Justice Kagan extending the time to file until February 4, 2014.
Feb 4 2014Petition for a writ of certiorari filed. (Response due March 7, 2014)
Feb 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Feb 21 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondents.
Feb 26 2014Order extending time to file response to petition to and including April 7, 2014.
Mar 6 2014Brief amici curiae of Michigan and Twelve other States filed.
Mar 6 2014Brief amici curiae of National Association of Social Workers, et al. filed.
Apr 7 2014Brief of respondents Katherine Kovacic, and Daniel Kovacic in opposition filed.
Apr 22 2014DISTRIBUTED for Conference of May 15, 2014.
Apr 22 2014Reply of petitioners Patricia Campbell-Ponstingle, et al. filed. (Distributed).
May 19 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014Petition DENIED.
 
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