No. 18-62

Brian Colbry, et ux. v. Lisa Von Pier, Director, New Jersey Division of Child Protection and Permanency, et al.

Lower Court: Third Circuit
Docketed: 2018-07-11
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2254 child-custody child-protective-services custody deprivation-of-liberty habeas-corpus jurisdiction liberty-deprivation state-institution state-restraint unlawful-restraint
Latest Conference: 2018-09-24
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-27
Waiver of right of respondents Lisa Von Pier, Allison Blake, Lisa Matroianni and the Hon. Julie M. Marino, J.S.C. to respond filed.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-06-13
Petition for a writ of certiorari filed. (Response due August 10, 2018)

Attorneys

Brian Colbry, et ux.
Brian Colbry — Petitioner
Lisa Von Pier, Allison Blake, Lisa Matroianni and the Hon. Julie M. Marino, J.S.C.
Jessica A. Jannetti — Respondent