No. 22-232

Shane Place and Misty Blackwell, as Personal Representatives of the Estate of Angel Place v. Joyce Anderson, et al.

Lower Court: Tenth Circuit
Docketed: 2022-09-13
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction deliberate-indifference due-process foster-care substantive-due-process summary-judgment
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Did the court of appeals in its de novo review of
summary judgment abuse its appellate jurisdiction and
deny petitioners due process by refusing to address their
unrebutted expert proof that respondents acted with
deliberate indifference which "shocked the conscience"
when they changed and then failed to monitor the child's
foster care placement, conduct which caused her death?

2. Should this Court resolve the conflict among the
Circuits about whether in non-emergency situations a
deliberate indifference as opposed to the more culpable
intent-to-harm standard of conduct?

Question Presented (AI Summary)

Did the court of appeals in its de novo review of summary judgment abuse its appellate jurisdiction and deny petitioners due process by refusing to address their unrebutted expert proof that respondents acted with deliberate indifference which 'shocked the conscience' when they changed and then failed to monitor the child's foster care placement, conduct which caused her death?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Waiver of right of respondent Joyce Anderson, et al. to respond filed.
2022-09-08
Petition for a writ of certiorari filed. (Response due October 13, 2022)

Attorneys

Joyce Anderson, et al.
Jeremy S. RogersDinsmore and Shohl LLP, Respondent
The Estate of Angel Place, et al.
J. Keith KillianKillian, Guthro & Jenson, Petitioner