Brian Colbry, et ux. v. Lisa Von Pier, Director, New Jersey Division of Child Protection and Permanency, et al.
Is a minor child in custody for purposes of jurisdiction on a Petition for Habeas Corpus pursuant to 28 U.S. C. §2254 where the child is suffering a severe deprivation of liberty due to unlawful restraint and custody by the state under the guise of child protective services and akin to being placed in a state institution?
Can further restraints on liberty, such as institutionalization, which occur subsequent to the filing of the Habeas Corpus petition and while it is pending, be considered to satisfy the custody requirement of 28 U.S. C. §2254?
Is a minor child in custody for purposes of jurisdiction on a Petition for Habeas Corpus pursuant to 28 U.S.C. §2254 where the child is suffering a severe deprivation of liberty due to unlawful restraint and custody by the state under the guise of child protective services and akin to being placed in a state institution?