Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.

City of New York v. Southerland

Petition for certiorari denied on January 22, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-215 2d Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, the qualified immunity question as to a caseworker who removed a child in an investigation mandated by New York Social Services Law § 424 should be whether a reasonable jury could conclude that the child was not at imminent risk of harm or whether a reasonable caseworker in that particular caseworker’s position could have concluded that the child was; (2) whether, assuming arguendo that a plaintiff can state a cognizable constitutional claim under either the Fourth or Fourteenth Amendment with respect to a child’s removal, a caseworker is entitled to qualified immunity from suit where five judges of the United States Court of Appeals for the Second Circuit agree that there was an absence of clearly established statutory or constitutional rules of which the caseworker should have been aware when he secured a warrant to search a home and removed children at the direction of his superior; and (3) whether, after removing children from a home under the belief that they were abused, and, thereafter, a state court adjudicates a parent to have been so abusive of his children as to deny him further custody, the parent and the children can sue the caseworker who rescued children from further abuse on either substantive or procedural due process grounds.

DateProceedings and Orders
Aug 15 2012Petition for a writ of certiorari filed. (Response due September 17, 2012)
Sep 12 2012Order extending time to file response to petition to and including October 17, 2012, for all respondents.
Sep 17 2012Motion for leave to file amici brief filed by National Association of Social Workers, et al.
Oct 16 2012Order further extending time to file response to petition to and including November 6, 2012, for all respondents.
Nov 6 2012Brief of respondents Sonny Southerland, Sr. et al. in opposition filed.
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Dec 17 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
Jan 22 2013Motion for leave to file amici brief filed by National Association of Social Workers, et al. GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Jan 22 2013Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
 
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