No. 21-794

Pamela Reilly, Personal Representative of the Estate of Rosemarie Reilly v. Ottawa County, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2021-11-30
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-rights deshaney-test deshaney-v-winnebago domestic-violence due-process fourteenth-amendment state-actors state-created-danger substantive-due-process third-party-harm
Key Terms:
DueProcess CriminalProcedure Privacy
Latest Conference: 2022-01-21
Question Presented (from Petition)

1. Whether an abused woman who faces increased danger from her abuser because State Actors have emboldened and condoned the abuser's violently escalating conduct has pled a substantive due process violation under the Fourteenth Amendment pursuant to DeShaney v. Winnebago Cty. Dep't of Soc. Sevs?

2. While DeShaney recognized a due process right for state-induced third-party harm, what are the elements for this State-Created Danger Test for all Circuits to follow?

Question Presented (AI Summary)

Whether an abused woman has pled a substantive due process violation under the Fourteenth Amendment

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-15
Waiver of right of respondents Collin Wallace and Brandon DeHaan to respond filed.
2021-12-13
Waiver of right of respondents Ottawa County, Michigan, a Municipal Corporation, et al. to respond filed.
2021-11-24
Petition for a writ of certiorari filed. (Response due December 30, 2021)

Attorneys

Collin Wallace and Brandon DeHaan
Peter Alan SmitVarnum LLP, Respondent
Ottawa County, Michigan, a Municipal Corporation, et al.
Douglas W. Van EssenSilver & Van Essen, PC, Respondent
Pamela Reilly, Personal Representative, Estate of Rosemarie Reilly
James Bretton RasorRasor Law Firm, PLLC, Petitioner