No. 21-794

Pamela Reilly, Personal Representative of the Estate of Rosemarie Reilly v. Ottawa County, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2021-11-30
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-rights deshaney-test deshaney-v-winnebago domestic-violence due-process fourteenth-amendment state-actors state-created-danger substantive-due-process third-party-harm
Key Terms:
DueProcess CriminalProcedure Privacy
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether an abused woman has pled a substantive due process violation under the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an abused woman who faces increased danger from her abuser because State Actors have emboldened and condoned the abuser’s violently escalating conduct has pled a substantive due process violation under the Fourteenth Amendment pursuant to DeShaney v. Winnebago Cty. Dep’t of Soc. Sevs? 2. While DeShaney recognized a due process right for state-induced third-party harm, what are the elements for this State-Created Danger Test for all Circuits to follow?

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-15
Waiver of right of respondents Collin Wallace and Brandon DeHaan to respond filed.
2021-12-13
Waiver of right of respondents Ottawa County, Michigan, a Municipal Corporation, et al. to respond filed.
2021-11-24
Petition for a writ of certiorari filed. (Response due December 30, 2021)

Attorneys

Collin Wallace and Brandon DeHaan
Peter Alan SmitVarnum LLP, Respondent
Peter Alan SmitVarnum LLP, Respondent
Ottawa County, Michigan, a Municipal Corporation, et al.
Douglas W. Van EssenSilver & Van Essen, PC, Respondent
Douglas W. Van EssenSilver & Van Essen, PC, Respondent
Pamela Reilly, Personal Representative, Estate of Rosemarie Reilly
James Bretton RasorRasor Law Firm, PLLC, Petitioner
James Bretton RasorRasor Law Firm, PLLC, Petitioner