No. 18-7530

Tonya Udoh, et vir v. Minnesota Department of Human Services, et al.

Lower Court: Eighth Circuit
Docketed: 2019-01-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment 1983-claims 1985-claims 4th-amendment civil-procedure civil-rights constitutional-rights davis-v-monroe-county-board due-process emotional-distress false-arrest fourteenth-amendment fourth-amendment haines-v-kerner minor-children miranda-rights monell-liability municipal-liability parental-rights pro-se-litigant qualified-immunity search-and-seizure standing unconstitutional-statutes
Key Terms:
DueProcess FourthAmendment FifthAmendment CriminalProcedure Securities TradeSecret Privacy
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (AI Summary)

Whether pro se litigants are held to the same legal standards as counseled litigants

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Question One: In the (a) Denial of Plaintiffs Motion to Amend the Complaint; (b) Dismissal of Plaintiffs Claims With and Without Prejudices; and (c) Granting of Defendants Dispositive Motions, Whether “Pro Se Litigants” are Held to the Same Legal Standards as “Counseled Litigants” in light of Haines v. Kerner, 404 U.S. 519 (1972); Davis v. Monroe County Bd, 526 U.S. 629 (1999); Erickson v. Pardus, 551 U.S. 89 (2007); Skinner v. Switzer, 562 US __ (2011)? Question Two: Whether Parent(s) May Assert a Fourth Amendment Challenge Regarding a Search and Seizure of their Minor Children? Question Three: Whether Evidence of “Reasonable Suspicion of Child’Abuse” Standard Does Not Apply To Plaintiffs §1983 (a) Fourth Amendment Warrantless Entry to Home to Conduct : Search and Right to Privacy; (b) Fourteenth Amendment Stigma-Plus Preclusion to Seek Employment in their Chosen Profession and Procedural Due Process Claims; and (c) §1985 Conspiracy Claim for Qualified Immunity Purposes? Question Four: Whether Government Entities Such as City Of Plymouth, City Of Maple Grove, Hennepin County, CornerHouse and Minnesota Department of Human Services are Not Entitled to Judgment on Qualified Immunity Grounds for Municipal Liability in light of Monell v. Dep’t of Social Services, 436 U.S. 658 (1978); Pembaur v. Cincinnati, 475 US 469 (1986)? Question Five: Whether Defendants Violated Plaintiffs’ Clearly Established (a) Fourth Amendment and Minn. Const. Art. I, Sec. 10 Rights Against Unreasonable Search And Seizure, (b) Fifth Amendment Right to Miranda Warnings, and (C) Fourteenth Amendment Substantive And Procedural Due Process Rights and Art. I, Sec. 7 of Minn. Const. in light of Troxel v. Granville, 530 U.S. 57 (2000); Ferguson v. Charleston, 532 U.S. 67 (2001); Stanley v. Illinois, 405 U.S. 645 (1972); Stansbury v. California, 511 U.S. 318 (1994); Maine v. Thiboutot, 448 U.S. 1 (1980); Safford Unified Sch. Dist. v. Redding, 557 US 364 (2009)? Question Six: Whether Defendants Falsely Arrested and Imprisoned Plaintiffs and Caused Intentional Infliction Of Emotional Distress on All Plaintiffs? Question Seven: Whether Minn. Stats. §626.556 and §260.165 Now §260C.175 are Unconstitutional Facially and as Applied to Plaintiffs in light of Troxel v. Granville, 530 U.S. 57 (2000); Chicago v. Morales, 527 U.S. 41 (1999); Ferguson v. Charleston, 532 U.S. 67 (2001); Stanley v. Illinois, 405 U.S. 645 (1972)? : Question Eight: Whether Under the Circumstances of this Case, A Municipality Can Be Held Liable Under Monell For Arguing Enforcing or Adherence to State Laws MGDPA, Minn. Stats. §626.556 and §260c.175 in light of Monell v. Dep’t of Social Services, 436 U.S. 658 (1978)? Question Nine: Whether Competent Parent (Non-Attorney) May Proceed Pro Se on Behalf of . their Minor Children to Challenge in a Federal Civil Court Violation of their Fourth and Fourteenth Amendments Constitutional Rights and State-Law Claims? Question Ten: Whether Individual Defendants are Not Entitled to Judgment on Qualified Immunity Grounds on All Plaintiffs §1983 and §1985 Claims? PETITION by Udohs Page ii

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-15
Petitioners complied with order of April 1, 2019.
2019-04-01
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 22, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-02-22
Brief of respondent Independent School District No. 279, Ann Mock, Joanne Wallen and Karen Wegerson in opposition filed.
2019-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2019)
2018-11-07
Application (18A490) granted by Justice Gorsuch extending the time to file until January 27, 2019.
2018-10-29
Application (18A490) to extend the time to file a petition for a writ of certiorari from November 28, 2018 to January 27, 2019, submitted to Justice Gorsuch.

Attorneys

Independent School District No. 279, Ann Mock, Joanne Wallen and Karen Wegerson
Michael Joseph WaldspurgerRupp. Anderson, Squires & Waldspurger, P.A., Respondent
Michael Joseph WaldspurgerRupp. Anderson, Squires & Waldspurger, P.A., Respondent
Tonya Udoh, et vir.
Tonya Udoh — Petitioner
Tonya Udoh — Petitioner