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Brian Colbry, et ux. v. Lisa Von Pier, Director, New Jersey Division of Child Protection and Permanency, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-2966 · judgment February 9, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

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

Question presented

Is a minor child in custody for purposes of jurisdiction on a Petition for Habeas Corpus pursuant to 28 U.S. C. §2254 where the child is suffering a severe deprivation of liberty due to unlawful restraint and custody by the state under the guise of child protective services and akin to being placed in a state institution? Can further restraints on liberty, such as institutionalization, which occur subsequent to the filing of the Habeas Corpus petition and while it is pending, be considered to satisfy the custody requirement of 28 U.S. C. §2254?

Counsel of record

For petitioner
Brian Colbry

For respondent
Jessica A. Jannetti

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 27 2018
    Waiver of right of respondents Lisa Von Pier, Allison Blake, Lisa Matroianni and the Hon. Julie M. Marino, J.S.C. to respond filed.
  3. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Jun 13 2018
    Petition for a writ of certiorari filed. (Response due August 10, 2018)