Courtney Bird v. Hawaii, et al.
SocialSecurity DueProcess Securities EmploymentDiscrimina ClassAction JusticiabilityDoctri
Did the Ninth Circuit Court of Appeals err in affirming the dismissal of Courtney's § 1983 claim as untimely?
QUESTION PRESENTED Courtney Bird alleges the State of Hawai‘ systematically violates the due process rights of parents by reporting them as confirmed child abusers on the State’s Child Abuse Registry without ever bearing the burden to show they have committed child abuse, without providing any means to get off the Registry even if they are innocent, and by maintaining their names on the Registry for life. The Ninth Circuit affirmed dismissal of Courtney’s claims as untimely, holding the continuing violations doctrine did not apply to Courtney’s claims even though she seeks prospective removal from the Registry and will be officially reported as a Child Abuser for the rest of her life. The Ninth Circuit's decision conflicts with Flynt v. Shimazu, 940 F.3d 457 (9th Cir. 2019), Tearpock-Martini v. Borough of Shickshinny, 756 F.3d 232 (3d Cir. 2014), Kunhle Brothers, Inc v. County of Geauga, 103 F.3d 516 (6t Cir. 1997), and Knight v. Columbus, 19 F.3d 579 (11% Cir. 1994). Four questions are presented: 1. Did the Ninth Circuit Court of Appeals err when it affirmed the lower court’s ruling that Courtney’s § 1983 claim was barred by the statute of limitations? 2. Does a separate discrete injury to a protected interest accrue anew every day the State of Hawaii maintains a central registry officially designating a ii person as a child abuser pursuant to an unconstitutional statutory and regulatory framework? 3. Did the Complaint allege facts showing Courtney suffered a violation of her due process rights every day because the continued enforcement of the statute deprives her of the ability to work in her chosen profession without any means of expunging her name from the Child Abuse Registry even by proof of innocence? 4. Does the State of Hawai‘i’s Child Abuse Registry violate due process because there are inadequate safeguards against erroneous listing and inadequate procedures for challenging an erroneous listing?