No. 18-5316

Susan Wells Vaughan v. Jennifer Vaughan, et al.

Lower Court: North Carolina
Docketed: 2018-07-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: absolute-immunity child-neglect child-neglect-cases-recusal due-process ex-parte ex-parte-initiations judicial-recusal prosecutorial-misconduct subject-matter-jurisdiction troxel-v-granville
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (from Petition)

Whether a judge who regularly participates in unlawful ex parte initiations of child neglect cases should recuse herself from hearing a challenge to the legitimacy of one of her cases and to the court's right to adopt the child.

Whether orders issuing from, or a decree resulting from, an alleged mistrial or a minor technical error should relieve a state appeals court of its duty to review de novo a legitimate challenge to subject matter jurisdiction of courts that issued those dubious orders and decree.

Whether numerous, egregious violations committed by lower state courts and quasi-prosecutors entitle collateral challenge of subject matter jurisdiction, when right of appeal has been denied.

Whether Troxel v Granville is misapplied when it denies Constitutional rights of a custodial grandparent who is the parent's choice to care for her child.

Whether this Court should take action to deter social worker violations and abuse of power when state courts and agencies neglect their responsibility to do so.

Whether subject matter jurisdiction over a child neglect case exists when numerous statutory and federal due process procedures are violated, petition allegations are fabricated, exculpatory and other crucial evidence is omitted and other prosecutorial and US Constitutional violations are committed —or any of the above occur.

Whether the accused in a child neglect case is denied right to fair trial when procedures are held behind closed doors without access to a jury of one's peers and/or when statute-mandated availability of mediation is applied discriminately.

Whether the Supreme Court's current precedent on absolute immunity for prosecutors, social workers and district judges encourages or contributes to widespread abuse of agency power, abuse of family rights and the unnecessary traumatizing and other abuse of children.

Whether social workers performing alleged quasi-prosecutorial functions should enjoy the same level of immunity given to prosecutors who swear to uphold the Constitution of the United States.

Question Presented (AI Summary)

Whether a judge who regularly participates in unlawful ex parte initiations of child neglect cases should recuse herself from hearing a challenge to the legitimacy of one of her cases and to the court's right to adopt the child

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-18
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-13
Response to petition from respondent Jennifer Vaughan filed. (Distributed)
2018-08-03
Waiver of right of respondent Currituck County Department of Social Services to respond filed.
2018-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2018)

Attorneys

Currituck County Department of Social Services
Courtney S. HullThe Twiford Law Firm, P.C., Respondent
Jennifer Vaughan
Jennifer Vaughan — Respondent
Susan Wells Vaughan
Susan Wells Vaughan — Petitioner