Supreme Court Report

Supreme Court of the United States · Official docket →

N. E. L., et al. v. Monica Gildner, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-3059 · judgment June 25, 2019

Certiorari denied · January 21, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.

Question presented

Were Colorado’s UCCJEA requirements detailed enough to defeat qualified immunity in a Fourth Amendment claim arising from the denial of a postseizure hearing or, in the alternative, was the right to a post-removal hearing identified in decisional law with obvious clarity? Did the Colorado district court have specific jurisdiction over Kansas agents who had direct and significant contact with Colorado agents in obtaining immediate legal custody of children while the children were located in Colorado?

Counsel of record

For petitioner
Rebecca R. Messall
Messall Law Firm, LLC

For respondent
Toby Crouse
Office of Attorney General Derek Schmidt

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Nov 19 2019
    Waiver of right of respondents Monica Gildner, et al. to respond filed.
  4. Nov 14 2019
    Petition for a writ of certiorari filed. (Response due December 19, 2019)