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Campbell-Ponstingle v. Kovacic

Certiorari Denied

Petition for certiorari denied on June 2, 2014.

Docket No.13-933
Op. Below6th Cir.

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.

Proceedings & orders timeline

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

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