No. 20-1811

Jackie Chagolla, Parent on Behalf of B. C. and P. C. v. Liz Vullo, et al.

Lower Court: Ninth Circuit
Docketed: 2021-06-28
Status: Denied
Type: Paid
Response Waived
Tags: absolute-immunity constitutional-rights due-process exculpatory-information false-information government-employees investigation-stage spending-clause
Key Terms:
DueProcess FourthAmendment FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether absolute immunity shields government employees

Question Presented (OCR Extract)

Questions Presented : i. Whether absolute immunity shields government employees who report false information/omit exculpatory information in the investigation stage as well as those individuals who the government employees promise absolute immunity in exchange for providing false ‘statements in the investigation stage in order to violate Constitutional Rights and Due Process of Law? As to this question, there is a circuit split between the United States Court of Appeals for the Ninth Circuit here, and Demaree v. Laura Pederson and Amy Van Ness, D.C. No. 2:11cv00046-ROS (9th Cir. 2018), the United States Court of Appeals for the Ninth Circuit, Preslie Hardwick, PlaintiffAppellee, v. County of Orange, Defendant, and Marcia Vreeken; Elaine Wilkins; The Estate of Helen Dwojak, No. 1563 D.C. No. 8:13-cv01390-JLS-AN (9th Cir. 2017) and United States Court of Appeals for the Ninth circuit, Sarah Greene, personally and as next friend for S.G., a minor, and K.G., a minor, Plaintiff-Appellant No. 0635333 v. D.C. No. CV-05-06047-AA Bob Camreta; Deschutes County; James Alford, | Deschutes County Opinion Deputy Sheriff; Bend Lapine School District; Terry Friesen, Defendants Appellees (9th Cir. 2009). ii. Does the Federal Government’s Authority to Impose Conditions on Grant Funds per the Spending Clause, Article I, Section 8, Clause 1 of the U.S. Constitution [Federal dollars fund 50% of the matching state dollars for every child removed from their biological parents/ primary caregivers (one trillion dollars per calendar year nationwide)] create an obligation to the children removed from their biological families to require accountability over the removal and non-removal . of children from their primary families when that removal is based on pecuniary gain or pecuniary . loss and violates Due Process Law? The Ninth Circuit backs up a 2017 ruling by U. S. District . i Court Judge Roslyn Silver that B.K. v McKay could proceed as a class-action lawsuit. Silver had identified the plaintiffs’ allegations as a valid basis for challenging “statewide practices affecting the proposed General Class.” BK, by her next friend Margaret Tinsley, B.T., by their next friend Jennifer Kupiszewski; A.C.-B., by their next friend Susan Brandt; M.C.B., by their next friend Susan Brandt; D.C.-B., by their next friend Susan Brandt; J.M,, by their next friend Susan Brandt, . v. Jami Snyder, in her official capacity as Director of the Arizona Health ; Care Cost Containment System, No. 17-17501 D.C. No. 2:15-cv-00185ROS (9th Cir. 2019). iii. Does the Federal Court failing to permit a Plaintiff to have a jury trial or the Federal Circuit Court failing to permit a Plaintiff to present an oral argument prevent a Plaintiff from proving multiple untruths and interfere with Due Process when the possessor of the facts seal documents, produce false information in the investigation stage and alter documents? Under Section 1001 of title 18 of the United States Code, it is a federal crime ‘to knowingly and willfully make a materially false, fictitious or fraudulent statement in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States. ; ° ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-07-12
Waiver of right of respondent Jessica Solis, Robert Holya, & Patricia Ward, Respondents to respond filed.
2021-07-08
Waiver of right of respondent Arizona DCS to respond filed.
2021-06-29
Waiver of right of respondent Liz Vullo to respond filed.
2021-06-29
Waiver of right of respondent Jessica Solis, Robert Holya, Patricia Ward to respond filed.
2021-06-24
Petition for a writ of certiorari filed. (Response due July 28, 2021)

Attorneys

Arizona DCS
Drew Curtis EnsignOffice of the Attorney General, Respondent
Drew Curtis EnsignOffice of the Attorney General, Respondent
Jackie Chagolla
Jackie Chagolla — Petitioner
Jackie Chagolla — Petitioner
Jessica Solis, Robert Holya, & Patricia Ward, Respondents
Daniel Patrick SchaackArizona Atty. General, Respondent
Jessica Solis, Robert Holya, Patricia Ward
Daniel Patrick SchaackArizona Atty. General, Respondent
Daniel Patrick SchaackArizona Atty. General, Respondent
Liz Vullo
Eileen Dennis GilbrideJones, Skelton & Hochuli, P.L.C., Respondent
Eileen Dennis GilbrideJones, Skelton & Hochuli, P.L.C., Respondent