No. 20-1699

E. M. M., et al. v. Douglas County, Colorado, et al.

Lower Court: Tenth Circuit
Docketed: 2021-06-08
Status: Denied
Type: Paid
Response Waived
Tags: appeal-rights appeals circuit-split civil-procedure civil-rights due-process ex-parte federal-jurisdiction procedural-due-process standing sua-sponte-dismissal subject-matter-jurisdiction
Key Terms:
DueProcess FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a 'bright line' rule requires post-deprivation notice and hearing for ex parte child seizures

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a “bright line” rule requires post-deprivation notice and hearing for ex parte child seizures, as the FIFTH Circuit holds, or whether the right to notice and hearing is not clearly established, as the TENTH Circuit holds. 2. Whether subject matter jurisdiction exists for a federal claim using a plaintiffs initials, as is held by the FIFTH Circuit and several federal district courts, or whether subject matter jurisdiction is lacking, as the TENTH Circuit holds. 3. Whether the right to appeal under 28 U.S. C. §1291 is contingent upon the filing of a Rule 59(e) motion in the district court, as the TENTH Circuit holds, or whether the opposite is correct, as the FIFTH Circuit holds. 4. Whether sua sponte dismissal requires no prior notice to the parties, as the TENTH Circuit holds, or whether notice is required prior to dismissal, as the FIRST, SECOND, THIRD, FIFTH, SIXTH, SEVENTH, ELEVENTH and D.C. Circuits hold.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-02
Waiver of right of respondents Monica Gildner, Angela Webb, Tina Abney to respond filed.
2021-06-30
Waiver of right of respondent Lesa Adame; Carl Garza; Douglas County, Colorado to respond filed.
2021-06-04
Petition for a writ of certiorari filed. (Response due July 8, 2021)

Attorneys

E.M.M., et al.
Rebecca R. MessallMessall Law Firm, LLC, Petitioner
Rebecca R. MessallMessall Law Firm, LLC, Petitioner
Lesa Adame; Carl Garza; Douglas County, Colorado
Dawn L. JohnsonDouglas County Attorney's Office, Respondent
Dawn L. JohnsonDouglas County Attorney's Office, Respondent
Monica Gildner, Angela Webb, Tina Abney
Brant M. LaueSolicitor General of Kansas, Respondent
Brant M. LaueSolicitor General of Kansas, Respondent