No. 21-709

Jacob Clark, et ux. v. Bernadette Stone, et al.

Lower Court: Sixth Circuit
Docketed: 2021-11-15
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a home over the objection of the homeowner?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a home over the objection of the homeowner? 2. Whether qualified immunity is an affirmative defense with the burden of proof on the party raising it, or whether a Plaintiff has the burden of disproving the defense? 3. Whether this Court should overrule, or at least modify, its prior cases concerning the defense of qualified immunity where the defense is now applied contrary to the plain text of 42 U.S.C. 1983?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-11-30
Waiver of right of respondent Bernadette Stone, et al. to respond filed.
2021-11-09
Petition for a writ of certiorari filed. (Response due December 15, 2021)

Attorneys

Bernadette Stone, et al.
David Brent IrvinKentucky Cabinet for Heatlh & Family Services, Office of Legal Services, Respondent
David Brent IrvinKentucky Cabinet for Heatlh & Family Services, Office of Legal Services, Respondent
Jacob Clark, et al.
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner