No. 21-709

Jacob Clark, et ux. v. Bernadette Stone, et al.

Lower Court: Sixth Circuit
Docketed: 2021-11-15
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches
Latest Conference: 2022-01-07
Question Presented (from Petition)

1. Whether qualified immunity applies to shield
from liability child protective services case
workers who repeatedly conduct warrantless
searches of a home over the objection of the
homeowner?

2. Whether qualified immunity is an affirmative
defense with the burden of proof on the party
raising it, or whether a Plaintiff has the burden
of disproving the defense?

3. Whether this Court should overrule, or at least
modify, its prior cases concerning the defense of
qualified immunity where the defense is now
applied contrary to the plain text of 42 U.S.C.
1983?

Question Presented (AI Summary)

Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a home over the objection of the homeowner?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-11-30
Waiver of right of respondent Bernadette Stone, et al. to respond filed.
2021-11-09
Petition for a writ of certiorari filed. (Response due December 15, 2021)

Attorneys

Bernadette Stone, et al.
David Brent IrvinKentucky Cabinet for Heatlh & Family Services, Office of Legal Services, Respondent
Jacob Clark, et al.
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Petitioner