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Kimberly Watso, et al. v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1723 · judgment July 16, 2019

Certiorari denied · March 2, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the lower court improperly deferred to the Indian Child Services Department Manual over state agency rules and interpretations of the Indian Child Welfare Act? Whether the Indian Child Services Division has jurisdiction over Indian kids when the mother is not Indian and does not reside on the reservation? Whether the Red Lake Band of Chippewa Indians tribe or the Shakopee Mdewakanton Sioux tribe have the right to terminate parental custody?

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent
James R. Andreen
Erstad & Riemer, P.A.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 02 2020
    Petition DENIED.
  2. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  3. Jan 27 2020
    Brief of respondent Judge John E. Jacobson; Tribal Court of the Shakopee Mdewakanton Sioux Community in opposition filed.
  4. Dec 13 2019
    Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2020, for all respondents.
  5. Dec 10 2019
    Motion to extend the time to file a response from December 27, 2019 to January 27, 2020, submitted to The Clerk.
  6. Nov 27 2019
    Response Requested. (Due December 27, 2019)
  7. Nov 20 2019
    DISTRIBUTED for Conference of 12/6/2019.
  8. Nov 06 2019
    Waiver of right of respondents Judge Mary Ringhand, in her official and the Tribal Court of the Red Lake Band of Chippewa Indians to respond filed.
  9. Nov 01 2019
    Waiver of right of respondent Scott County to respond filed.
  10. Oct 30 2019
    Waiver of right of respondent Jodi Harpstead, in her official capacity as Commissioner of the Minnesota Department of Human Services to respond filed.
  11. Oct 30 2019
    Waiver of right of respondent Judge John E. Jacobson; Tribal Court of the Shakopee Mdewakanton Sioux Community to respond filed.
  12. Oct 11 2019
    Petition for a writ of certiorari filed. (Response due November 27, 2019)