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Jasma McCullough v. Shaylonda Herron, et al.

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 20-20058 · judgment December 16, 2020


Certiorari denied · October 4, 2021

Questions presented

  1. Whether a child abuse investigator can give a medical diagnosis/opinion to the court without a Doctors opinion to remove a child.

  2. Whether unauthorized practice of Medicine violates both Procedural and Substantive Due Process

  3. Whether the District and Appellate courts can determine if /when drugs have been used without seeking the opinion of a Medical Review Officer/Expert when removing a child.

  4. Whether simply notifying a parent of a child abuse allegation satisfy the 14th Amendment Procedural Due Process requirements when removing a child.

  5. Whether a child abuse investigator relying on an uncorroborated allegation and testifying that it is “known knowledge of facts” violates the 14th Amendment Substantive Due Process Clause.

  6. Whether a child abuse investigator can give a false testimony in effort to remove a child if probable cause exists for any other reason. 7. Whether a child abuse investigator withholding exculpatory evidence constitute perjury by omission and violate the 14th Amendment Substantive and Procedural Due Process Clause.

  7. Whether a court could accept a disputed affidavit used to remove a child in a prior proceeding as true and correct without requiring evidence.

Counsel of record

For petitioner
Jasma McCullough

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. May 17 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)