No. 18-1210

Chad Chronister, Sheriff, Hillsborough County, Florida v. Doris Freyre, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-03-18
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 11th-amendment ada ada-standing arm-of-the-state associational-claim child-protective-investigations child-protective-services child-welfare civil-rights due-process eleventh-amendment eleventh-amendment-immunity florida-statute-39.3065 grant-agreement judicial-restraint standing standing-associational-ada-claim state-immunity
Key Terms:
SocialSecurity CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the court of appeals violated this Honorable Court's 'fundamental rule of judicial restraint' by failing to address whether Doris Freyre had standing to bring an associational ADA claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Child Protective Investigations Division (“CPID”) of the Hillsborough County Sheriff's Office (“HCSO”) received a report of prospective child abuse, abandonment and/or neglect from the Florida Department of Children and Families’ (“DCF”) Abuse Hotline regarding Doris Freyre’s disabled daughter, MAF. After investigating the allegations and attending a multi-agency staffing, probable cause existed to remove MAF from her mother’s custody. This removal was confirmed the following day by the Honorable Vivian Corvo at a shelter hearing, wherein Doris Freyre was represented by counsel. MAF was placed into the State’s custody pending reunification with Doris Freyre, only if certain conditions could be met. However, the service providers from Hillsborough Kids, Incorporated (“HKI”’) and other state entities could not meet those conditions. Ultimately, the service providers from HKI in conjunction with other governmental agencies such as Children’s Medical Services (“CMS”) and Tampa General Hospital (“TGH”) were only able to secure placement at a skilled nursing facility in Miami, as assessed and recommended by the state’s medical professionals and MAF’s attending physician. The questions presented are: 1. Whether the court of appeals violated this Honorable Court’s “fundamental rule of judicial restraint” by failing to address whether Doris Freyre had standing to bring an associational ADA claim ii thereby properly invoking the jurisdiction of the district court and the court of appeals. 2. Whether HCSO, in conducting child protective investigations under a Grant Agreement with DCF on the State’s behalf in accordance with Florida Statute §39.3065 acted as an “arm of the state” and is therefore entitled to Eleventh Amendment Immunity.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-08-12
Waiver of right of respondent United States to respond filed.
2019-08-09
Motion of the Solicitor General to extend the time to file a response from August 7, 2019 to September 6, 2019, submitted to The Clerk.
2019-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2019.
2019-08-07
Brief of respondent Doris Freyre in opposition filed.
2019-06-28
Motion to extend the time to file a response is granted and the time is further extended to and including August 7, 2019.
2019-06-26
Motion to extend the time to file a response from July 8, 2019 to August 7, 2019, submitted to The Clerk.
2019-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2019.
2019-05-28
Motion to extend the time to file a response from June 6, 2019 to July 8, 2019, submitted to The Clerk.
2019-05-07
Response Requested. (Due June 6, 2019)
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-03-14
Petition for a writ of certiorari filed. (Response due April 17, 2019)

Attorneys

Chad Chronister, Sheriff, Hillsborough County, Florida
Jason Gerard GordilloHillsborough County Sheriff's Office, Petitioner
Jason Gerard GordilloHillsborough County Sheriff's Office, Petitioner
Doris Freyre, et al.
Matthew Wilson DietzDisability Independence Group, Inc., Respondent
Matthew Wilson DietzDisability Independence Group, Inc., Respondent
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent