No. 20-670

Jill Dillard, et al. v. Kathy O'Kelley, et al.

Lower Court: Eighth Circuit
Docketed: 2020-11-16
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split constitutional-right constitutional-rights digital-age informational-privacy precedent-analysis qualified-immunity sexual-abuse supreme-court-precedent
Key Terms:
SocialSecurity DueProcess FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the Court's opinion in National Aeronautics and Space Administrator, et al. v. Nelson diverged from its previous holdings in Whalen v. Roe and Nixon v. Administrator of General Services et al., with respect to a constitutional right to informational privacy

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW 1. Whether the Court’s opinion in National Aeronautics and Space Administrator, et al. v. Nelson, 562 U.S. 134 (2011), diverged from its previous holdings in Whalen v. Roe, 429 U.S. 589 (1977), and Nixon v. Administrator of General Services et al., 433 U.S. 425 (1977), with respect to a constitutional right to informational privacy, such that officials who released personal information identifying minor victims of sexual abuse and the details of that abuse are entitled to qualified immunity. 2. Whether a constitutional right may be clearly established in the absence of controlling Supreme Court precedent for qualified immunity analysis. Compare, e.g., Carrillo v. Cnty. of Los Angeles, 798 F.3d 1210 (9th Cir. 2015) (law clearly established for qualified immunity purposes based on controlling circuit authority even though the Supreme Court had not yet weighed in on the issue) with Dillard v. O’Kelley, 961 F.3d 1048 (8th Cir. 2020) (en banc) (law not clearly established, despite controlling circuit authority, because the Supreme Court was silent on the issue).

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-16
Waiver of right of respondents Kathy O'Kelley, et al. to respond filed.
2020-12-16
Waiver of right of respondent Rick Hoyt to respond filed.
2020-11-10
Petition for a writ of certiorari filed. (Response due December 16, 2020)

Attorneys

Jill Dillard, et al.
Stephen Gerard LarsonLarson LLP, Petitioner
Stephen Gerard LarsonLarson LLP, Petitioner
Kathy O'Kelley, et al.
Thomas N. KieklakHarrington, Miller, Kieklak, Eichmann and Brown, Respondent
Thomas N. KieklakHarrington, Miller, Kieklak, Eichmann and Brown, Respondent
Rick Hoyt
Jason E. OwensJason Owens Law Firm, P.A., Respondent
Jason E. OwensJason Owens Law Firm, P.A., Respondent