No. 18-1245

Oglala Sioux Tribe, et al. v. Lisa Fleming, in Her Official Capacity, et al.

Lower Court: Eighth Circuit
Docketed: 2019-03-26
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: abstention child-welfare civil-procedure civil-rights constitutional-challenge due-process irreparable-harm parental-rights procedural-rights standing state-action tribal-sovereignty younger-abstention
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Eighth Circuit erred in
holding, in conflict with decisions of this Court and
three other courts of appeals , that the possibility of
filing a separate mandamus action was in and of
itself "sufficient" to provide an "adequate
opportunity" requiring Younger abstention, where
plaintiffs had no opportunity to challenge the
constitutionality of the preliminary hearing
procedure in the course of the state's abuse and
neglect proceedings ?

2. Whether the court of appeals erred in
holding, in conflict with three courts of appe als, that
the "extraor dinary circumstances" exception to
Younger abstention applies only to flagrantly and
patently unconstitutional statutes , but not to
flagrantly and patently unconstitutional policies, and
in concluding that separating children from their
parents for sixty days with no notice or opportunity
to be heard inflicted no irreparable harm?

Question Presented (AI Summary)

Whether the procedures used for preliminary hearings in child removal cases violate due process rights of parents

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
Letter of petitioners Oglala Sioux Tribe, et al. filed. (Distributed)
2019-07-22
Reply of petitioners Oglala Sioux Tribe, et al. filed. (Distributed)
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Brief of respondents Lisa Fleming, in Her Official Capacity, et al. in opposition filed.
2019-06-03
The motions to extend the time to file responses are granted and the time is extended to and including June 28, 2019, for all respondents.
2019-05-30
Motion of Mark Vargo to extend the time to file a response from June 7, 2019 to June 28, 2019, submitted to The Clerk.
2019-05-30
Motion of Craig Pfeifle to extend the time to file a response from June 7, 2019 to June 28, 2019, submitted to The Clerk.
2019-05-30
Motion of Lisa Fleming, et al. to extend the time to file a response from June 7, 2019 to June 28, 2019, submitted to The Clerk.
2019-05-08
Response Requested. (Due June 7, 2019)
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-22
Waiver of right of respondent Mark Vargo to respond filed.
2019-04-22
Waiver of right of respondent Honorable Craig Pfeifle to respond filed.
2019-04-22
Waiver of right of respondents Lisa Fleming, in her official capacity as Regional Manager of Region 1 of South Dakota Department of Social Services, and M. Michael DeSautel, in his official capacity as Secretary of the South Dakota Department of Social Services to respond filed.
2019-03-04
Petition for a writ of certiorari filed. (Response due April 25, 2019)

Attorneys

Honorable Craig Pfeifle
Jeffrey G. HurdBangs, McCullen, et al., Respondent
Lisa Fleming, in her official capacity, et al.
Robert Lyle Morris IIMorris Law Firm, Prof. LLC, Respondent
Mark Vargo
J. Crisman PalmerGunderson Palmer Nelson & Ashmore, LLP, Respondent
Oglala Sioux Tribe, et al.
Stephen L PevarACLU, Petitioner