No. 19-7452

Jeffrey R. Golin, et ux. v. San Andreas Regional Center, et al.

Lower Court: California
Docketed: 2020-01-28
Status: Denied
Type: IFP
IFP
Tags: 42-usc-1983 civil-procedure civil-rights civil-rights-42-usc-1983 constitutional-violation developmental-disability due-process government-officials governmental-duties governmental-immunity harmless-error jury-determination qualified-immunity standing
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment FirstAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-03-27
Related Cases: 19-7453 (Vide)
Question Presented (from Petition)

Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights action pursuant to 42 U.S.C. § 1983:

Whether it is harmless error to submit to the jury the legal issue whether a defendant is entitled to qualified immunity.

Whether it is harmless error to submit to the jury for determination the legal standard whether the defendants' conduct, in light of U.S. Supreme Court precedent and historical understanding of the Constitution, meets the "shocks the conscience" standard for constitutional violations.

Whether, if the defendants' conduct did violate the Constitution, a governmental official in defendants' position could nevertheless reasonably believed their conduct was lawful.

Whether petitioners were entitled to a directed verdict when respondents acted jointly to involuntarily confine Petitioner Nancy Golin, an autistic, mentally retarded woman, at an undisclosed location for 11 months, without due process, or indeed, any process of law at all, or does the defendants' professed desire to keep Nancy Golin "safe" absolve them from liability?

Question Presented (AI Summary)

Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights action pursuant to 42 U.S.C. § 1983

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2019-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2020)
2019-11-27
Application (19A389) granted by Justice Kagan extending the time to file until December 14, 2019.
2019-11-25
Application (19A389) to extend further the time from November 29, 2019 to December 14, 2019, submitted to Justice Kagan.
2019-10-07
Application (19A389) granted by Justice Kagan extending the time to file until November 29, 2019.
2019-10-02
Application (19A389) to extend the time to file a petition for a writ of certiorari from October 15, 2019 to November 29, 2019, submitted to Justice Kagan.

Attorneys

Jeffrey R. Golin, et al.
Jeffrey R. Golin — Petitioner