Supreme Court Report

Supreme Court of the United States · Official docket →

Betsy Ross, Individually and as Next Friend of Minor K. R. v. Mary Klesius, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-2040 · judgment October 25, 2017


Certiorari denied · February 26, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Three questions are presented:

  1. Did the Court of Appeals below err in requiring Petitioner’s Free Speech claim to be held to a heightened standard of proving Defendant-Respondents’ subjective “awareness” at a clear and convincing level, considering this Court’s rule in Crawford-El v. Britton, 523 U.S. 574 (1998), Perry et al v. Sindermann, 408 U.S. 593 (1972), Pickering v. Board of Education of Township High School District 205, Will County, Illinois (1968) and Waters v. Churchill, 511 U.S. 661 (1994), in order to show a causal connection for a retaliation motive by Defendant-Respondents against Betsy Ross, when Judge Quarles of the District Court below found that knowledge by Defendant-Respondents of her protected speech was able to be proven to a reasonable jury?

  2. In a matter of first impression, do Foster Parents and Children have the same real property warrant protections under the Castle Doctrine and the Fourth Amendment as U.S. citizen parents and children when there are no exigent or emergent circumstances of imminent physical harm to the children?

  3. Do public officials have quasi-immunity when they commit First Amendment retaliation and also restrain private Foster families from publishing “negative” letters in the newspapers, in order to receive a state license for a private foster home?

Counsel of record

For petitioner
Daniel Lewis Cox
The Cox Law Center. LLC

For respondent
Julia Doyle

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Feb 01 2018
    Waiver of right of respondents Mary Klesius, Latonya Cotton, Rebecca Sutton, Kim Compton, Tina Linkous, Susan BAiley, Helen Murray-Miller, Cecil County Department of Social Services, Nicholas Riccuiti, Barbara Sicliano to respond filed.
  4. Jan 23 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)