No. 21-1367

Amy Nichols-Stuart v. County of Amador, California, et al.

Lower Court: California
Docketed: 2022-04-21
Status: Denied
Type: Paid
Tags: child-welfare civil-procedure civil-rights dependency-proceeding dependency-proceedings drunk-driving due-process familial-association jurisdictional-report standing waiver-of-rights
Key Terms:
SocialSecurity Securities
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff prepared jurisdictional report and did not submit on a dispositional report 'impliedly' waive the right to sue for loss of Familial Association when her child is killed by a drunk driving father who the Juvenile Court had placed the child with and at a time when the social workers had been told and confirmed the father was driving under the influence with the child in his car?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff prepared jurisdictional report and did not submit on a dispositional report ‘impliedly’ waive the right to sue for loss of Familial Association when her child is killed by a drunk driving father who the Juvenile Court had placed the child with and at a time when the social workers had been told and confirmed the father was driving under the influence with the child in his car? li PARTIES TO PROCEEDINGS Petitioner AMY NICHOLS-STUART, on behalf of herself, was the Plaintiff in the State of California, Amador County Superior Court, the plaintiff-appellant in the State of California, Third Appellate District Court of Appeal and the in the California Supreme Court. Respondents COUNTY OF AMADOR on behalf of County of Amador, Shannon Sutton, Shannon Diener, and Patricia Orey were the defendants in the State of California, Amador Superior Court, the in the State of California, Third Appellate District Court of Appeal and the in the California Supreme Court. RELATED CASES Amy Nichols-Stuart v. County of Amador, State of California, Amador Superior Court Case No. 17-CV10220 (Judgment entered May 16, 2018) Amy Nichols-Stuart v. County of Amador, State of California, Third Appellate District, Case No. C087609 (Judgment entered July 28, 2021) Amy Nichols-Stuart v. County of Amador, Supreme Court of California, Case No. 5270710 (Judgment entered October 20, 2021)

Docket Entries

2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-02
Reply of petitioner Amy Nichols-Stuart filed. (Distributed)
2022-05-18
Brief of respondent County of Amador, California, et al. in opposition filed.
2022-01-18
Petition for a writ of certiorari filed. (Response due May 23, 2022)

Attorneys

Amy Nichols-Stuart
Kenneth Matthew Foley — Petitioner
County of Amador
John A. WhitesidesAngelo, Kilday & Kilduff, LLP, Respondent