No. 18-62

Brian Colbry, et ux. v. Lisa Von Pier, Director, New Jersey Division of Child Protection and Permanency, et al.

Lower Court: Third Circuit
Docketed: 2018-07-11
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2254 child-custody child-protective-services custody deprivation-of-liberty habeas-corpus jurisdiction liberty-deprivation state-institution state-restraint unlawful-restraint
Key Terms:
FirstAmendment HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Is a minor child in custody for purposes of jurisdiction on a Petition for Habeas Corpus pursuant to 28 U.S.C. §2254 where the child is suffering a severe deprivation of liberty due to unlawful restraint and custody by the state under the guise of child protective services and akin to being placed in a state institution?

Question Presented (from Petition)

QUESTIONS PRESENTED . 1. Is a minor child in custody for purposes of : jurisdiction on a Petition for Habeas Corpus pursuant to 28 U.S.C. §2254 where the child is suffering a severe cs deprivation of liberty due to unlawful restraint and . custody by the state under the guise of child protective _ services and akin to being placed in a state institution? 2. Can further restraints on liberty, such as ; which occur subsequent to the , filing of the Habeas Corpus petition and while it is : . pending, be considered to satisfy the custody ; requirement of 28 U.S.C. §2254? i -o, |

Docket Entries

2018-10-01
Petition DENIED.
2018-08-27
Waiver of right of respondents Lisa Von Pier, Allison Blake, Lisa Matroianni and the Hon. Julie M. Marino, J.S.C. to respond filed.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-06-13
Petition for a writ of certiorari filed. (Response due August 10, 2018)

Attorneys

Brian Colbry, et ux.
Brian Colbry — Petitioner
Brian Colbry — Petitioner
Lisa Von Pier, Allison Blake, Lisa Matroianni and the Hon. Julie M. Marino, J.S.C.
Jessica A. Jannetti — Respondent
Jessica A. Jannetti — Respondent