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Michael S. Bent v. Cheryl Strange, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35962 · judgment August 21, 2018


Certiorari denied · February 19, 2019
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

Title IV-D of the Social Security Act provides for federal "incentives payments" to "appropriate courts" paid via state agencies when the incented court assigns support obligation and the state agency classifies the obligor as a Title lV-D "noncustodial parent" ("NCP"). This discriminatory federal classification is undefined but comes with hideous federal burdens under Title IV-D. Lacking federal definition for the Title lV-D noncustodial parent, may a state agency classify an obligator parent as a Title lV-D noncustodial parent for the agency to earn federal grants? Does payment of federal grants to incented courts predicated on their rulings on Title IV-D cases inherently disturb this Court's objective test for impartiality and provide adequate basis for federal courts to impose strict scrutiny review to adjudicate claim that payments to state courts against Bent's Title IV-D case violate his right of Due Process? Absent adequate evidence of statutory violation or action under parens patriae power, may Clark County alienate Bent's personal property without compensation, and is action for compensation available under 42 U.S.C. § 1983 given Clark County lacks adequate compensation remedy?

Counsel of record

For petitioner
Michael S. Bent

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 15 2019
    Rehearing DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 16 2019
    Petition for Rehearing filed.
  4. Feb 19 2019
    Petition DENIED.
  5. Feb 08 2019
    Waiver of right of respondent United States to respond filed.
  6. Jan 30 2019
    DISTRIBUTED for Conference of 2/15/2019.
  7. Jan 23 2019
    Waiver of right of respondent Steven Wagner and Cheryl Strange to respond filed.
  8. Nov 15 2018
    Petition for a writ of certiorari filed. (Response due February 8, 2019)