No. 22-921

Dan Cherner v. Westchester Jewish Community Services, Inc., et al.

Lower Court: Second Circuit
Docketed: 2023-03-21
Status: Denied
Type: Paid
Tags: civil-rights court-appointed court-immunity custody-proceeding due-process family-court forensic-evaluator judicial-immunity qualified-immunity state-action state-actor
Latest Conference: 2023-05-25
Question Presented (from Petition)

Are respondents, who were appointed as forensic evaluator in a custody proceeding by the Family Court of the State of New York, by court order which directed specific actions, including observing the children with each parent, state actors?

Are respondents, as a court-appointed forensic evaluator, entitled to absolute immunity?

Are respondents, as a court-appointed forensic evaluator, entitled to quasi-judicial immunity?

Are respondents, as a court-appointed forensic evaluator, entitled to qualified immunity?

Are respondents, as a court-appointed forensic evaluator, entitled to any type of immunity?

May respondents, as a court-appointed forensic evaluator, disobey, flout, and violate a court order issued by a court of competent jurisdiction, under a cloak of immunity?

Question Presented (AI Summary)

Are respondents state actors?

Docket Entries

2023-07-24
Rehearing DENIED.
2023-06-29
DISTRIBUTED.
2023-06-22
2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-03-17

Attorneys

Dan Cherner
Dan ChernerThe Cherner Firm, Petitioner