No. 24-1224

Denver Ward v. Laura Fisher, et al.

Lower Court: Tenth Circuit
Docketed: 2025-06-02
Status: Denied
Type: Paid
Tags: child-best-interests court-appointed due-process guardian-ad-litem quasi-judicial-immunity state-law
Key Terms:
SocialSecurity ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does a guardian ad litem violate due process when acting outside the scope of their duties for the child's best interests and in contravention of state law?

Question Presented (OCR Extract)

1. Does a guardian ad litem violate due process in acting outside the scope of their duties for the child’s best interests when acting in contravention of state law? 2. Is a guardian ad litem entitled to quasi-judicial immunity when acting outside the scope of their duties by advocating for one parent over the other? 3. Does a court-appointed custody evaluator violate due process in acting outside the scope of their duties for the child’s best interests when acting in contravention of state law? 4. Is a custody evaluator entitled to quasi-judicial immunity when acting outside the scope of their duties by advocating for one parent over the other? 5. Are guardian ad litems and custody evaluators state actors when their duty is to the Court, not the individual? 6. Does an attorney-client agreement qualify as a written contract for purposes of the five-year statute of limitations?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-16
DISTRIBUTED for Conference of 9/29/2025.
2025-07-01
Brief of Brad Grundy in opposition submitted.
2025-07-01
2025-06-26
Brief of Carol Swenson in opposition submitted.
2025-06-26
2025-06-24
Brief of Dr. Laura Fisher in opposition submitted.
2025-06-24
2025-05-29
Petition for a writ of certiorari filed. (Response due July 2, 2025)

Attorneys

Brad Grundy
Larry Dean OttawayFoliart, Huff, Ottaway & Bottom, Respondent
Larry Dean OttawayFoliart, Huff, Ottaway & Bottom, Respondent
Carol Swenson
Bruce Alvin McKennaMcKenna & McKenna, Respondent
Bruce Alvin McKennaMcKenna & McKenna, Respondent
Denver Ward
Donald Eugene Smolen IISmolen Law, PLLC, Petitioner
Donald Eugene Smolen IISmolen Law, PLLC, Petitioner
Dr. Laura Fisher
James K. Secrest IISecrest, Hill, Butler & Secrest, Respondent
James K. Secrest IISecrest, Hill, Butler & Secrest, Respondent