No. 18-986

Sara Huckaby, et al. v. Frank Halley, as Next Friend of J. H., a Minor Child

Lower Court: Tenth Circuit
Docketed: 2019-01-29
Status: Denied
Type: Paid
Response Waived
Tags: child-abuse child-welfare civil-rights due-process forensic-interview law-enforcement-procedure prosecutor-directives qualified-immunity search-and-seizure state-statute statutory-interpretation
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the Court of Appeals erred in determining that the Petitioners did not act in an objectively reasonable manner in relying on a state statute, as well as standing directives from the local prosecutor's office concerning child-abuse-allegations

Question Presented (OCR Extract)

QUESTIONS PRESENTED An Oklahoma social worker and two law enforcement officers investigating child abuse allegations contributed to the brief removal of a minor child from his school for the purpose of conducting a forensic interview. This removal was made in reliance upon standing directives from the local prosecutor’s office and an Oklahoma statute which requires the subject child to be interviewed “at any reasonable time and at any place[.]” Okla. Stat. tit. 10A, § 1-2-105(B)(1). The questions presented here are: 1) Whether the Court of Appeals erred in determining that the Petitioners did not act in an objectively reasonable manner in relying on a state statute, as well as standing directives from the local prosecutor’s office concerning child abuse/endangerment allegations; and 2) Whether the Court of Appeals wrongly applied a new construction of a state statute that had never previously been so construed to the actions of the Petitioners thereby depriving them of fair notice that their actions were unconstitutional; and 3) Whether the Court of Appeals wrongly applied different standards to the individual officers; and 4) Whether the Court of Appeals misapprehended significant facts with respect to Petitioner Huckaby.

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-18
Waiver of right of respondent Frank Halley to respond filed.
2019-01-25
Petition for a writ of certiorari filed. (Response due February 28, 2019)

Attorneys

Frank Halley
Adam Brett WolfPeiffer Wolf Carr & Kane, APLC, Respondent
Adam Brett WolfPeiffer Wolf Carr & Kane, APLC, Respondent
Sara Huckaby, et al.
Wellon B. Poe Jr.Collins Zorn & Wagner, P.C., Petitioner
Wellon B. Poe Jr.Collins Zorn & Wagner, P.C., Petitioner