No. 23-5683

Mary Louise Smith, et al. v. Sarah Huckabee Sanders, Governor of Arkansas, et al.

Lower Court: Eighth Circuit
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: 14th-amendment child-removal civil-rights conspiracy due-process equal-protection race racial-discrimination state-immunity
Key Terms:
SocialSecurity DueProcess FourthAmendment
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (AI Summary)

Did a conspiracy exist to deny due process and equal protection based on race?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did a conspiracy exist among the appointed State employees, the Osceola School District, the Osceola Police Department, and Families, Inc. to deny Petitioners Mary Louise Smith and Tiffany E. Smith due process and equal protection guaranteed by the 14** Amendment to the United States Constitution but for the reason Petitioners were black? ; 2. Were Petitioners, Mary L. Smith and Tiffany E. Smith, denied due process and equal protection guaranteed by the 14'" Amendment to the United States Constitution under the facts, when State officials, school personnel, and police conspired to falsely charge Petitioners oo with two felonies and remove their six (6) children from their home, alleging child abuse? . ; 3. Did the lower courts fail to consider direct evidence of a discriminatory animus of Respondents to justify the finding of official and qualified immunity? , .

Docket Entries

2024-02-29
Case considered closed.
2023-12-11
The motion of petitioner Tiffany Smith for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 2, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. The petition for a writ of certiorari as to petitioner Mary Smith is denied.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
DISTRIBUTED for Conference of 12/1/2023.
2023-10-27
Waiver of right of respondents Osceola School District Defendants: Superintendent Michael Cox, Alfred Hogan Ashley Hodges, Dee Wallace, Tiffany Smithey, Sandra Landry, and Pamela Smith; in their individual and official capacities. to respond filed.
2023-10-26
Waiver of right of respondents City of Osceola, Arkansas to respond filed.
2023-10-13
Waiver of right of respondent Dakota Dunkin, Individually to respond filed.
2023-10-02
Motion (23M6) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2023-07-12
MOTION (23M6) DISTRIBUTED for Conference of 9/26/2023.
2023-05-18
Motion (23M6) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2023-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

City of Osceola, Arkansas
John Lennon WilkersonArkansas Municipal League, Respondent
Dakota Dunkin, Individually
Matthew Keith WrenWren Law Firm, Respondent
Mary Louise Smith, et al.
Larry J. Steele — Petitioner
Osceola School District Defendants: Superintendent Michael Cox, Alfred Hogan Ashley Hodges, Dee Wallace, Tiffany Smithey, Sandra Landry, and Pamela Smith; in their individual and official capacities.
Rebecca WorshamMixon & Worsham. PLLC, Respondent