No. 20-8130

Jasma McCullough v. Shaylonda Herron, et al.

Lower Court: Fifth Circuit
Docketed: 2021-05-25
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment child-abuse child-abuse-investigation due-process medical-diagnosis procedural-due-process procedural-rights substantive-due-process substantive-rights
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether a child abuse investigator can give a medical
diagnosis/opinion to the court without a Doctors opinion to remove a
child.

2. Whether unauthorized practice of Medicine violates both Procedural
and Substantive Due Process

3. Whether the District and Appellate courts can determine if /when
drugs have been used without seeking the opinion of a Medical Review
Officer/Expert when removing a child.

4. Whether simply notifying a parent of a child abuse allegation satisfy
the 14th Amendment Procedural Due Process requirements when
removing a child.

5. Whether a child abuse investigator relying on an uncorroborated
allegation and testifying that it is "known knowledge of facts "
violates the 14th Amendment Substantive Due Process Clause.

6. Whether a child abuse investigator can give a false testimony in effort
to remove a child if probable cause exists for any other reason.

7. Whether a child abuse investigator withholding exculpatory evidence
constitute perjury by omission and violate the 14th Amendment
Substantive and Procedural Due Process Clause.

8. Whether a court could accept a disputed affidavit used to remove a
child in a prior proceeding as true and correct without requiring
evidence.

Question Presented (AI Summary)

Whether a child abuse investigator can give a medical diagnosis/opinion to the court without a Doctors opinion to remove a child

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)

Attorneys

Jasma McCullough
Jasma McCullough — Petitioner