Supreme Court Report

Supreme Court of the United States · Official docket →

Michael Anthony Deem v. Lorna DiMella-Deem, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2266 · judgment October 30, 2019


Certiorari denied · May 18, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

Petitioner, a fit parent that exceeded minimum standards of care for both of his children (then 11 and 12 years old), filed federal-question claims against Respondents for, inter alia, effectively terminating his parental and associational rights with his children, based on fabricated allegations and denial of any semblance of due process. The District Court summarily dismissed the complaint pursuant to a circuit specific domestic relations abstention doctrine and judicial immunity, and certified that any appeal would not be taken in good faith. The Second Circuit affirmed and awarded costs.

  1. DOES A FEDERAL COURT HAVE A RIGHT TO DECLINE THE EXERCISE OF JURISDICTION OVER FEDERALQUESTION CLAIMS?

  2. IS A JUDGE IMMUNE FOR ACTIONS, THOUGH JUDICIAL IN NATURE, TAKEN IN THE COMPLETE ABSENCE OF ALL JURISDICTION?

  3. MAY A FEDERAL COURT USURP THE RIGHT OF NEW YORK STATE TO DETERMINE ITS OWN COMPELLING STATE INTERESTS AND THE MEANS OF PROTECTING THEM?

Counsel of record

For petitioner
Michael Anthony Deem

For respondent
Justin R. Adin
Westchester County Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 18 2020
    Petition DENIED.
  2. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  3. Apr 22 2020
    Reply of petitioner Michael Deem filed. (Distributed)
  4. Apr 21 2020
    Letter received from petitioner Michael Deem.
  5. Apr 08 2020
    Brief of respondents Faith G. Miller, Esq. in opposition filed.
  6. Mar 31 2020
    Waiver of right of respondent Angelina Young to respond filed.
  7. Mar 18 2020
    Waiver of right of respondent Arlene Gordon-Oliver to respond filed.
  8. Mar 06 2020
    Petition for a writ of certiorari filed. (Response due April 9, 2020)