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Pamela Reilly, Personal Representative of the Estate of Rosemarie Reilly v. Ottawa County, Michigan, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-2220 · judgment September 2, 2021


Certiorari denied · January 24, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below.

Questions presented

  1. Whether an abused woman who faces increased danger from her abuser because State Actors have emboldened and condoned the abuser’s violently escalating conduct has pled a substantive due process violation under the Fourteenth Amendment pursuant to DeShaney v. Winnebago Cty. Dep’t of Soc. Sevs?

  2. While DeShaney recognized a due process right for state-induced third-party harm, what are the elements for this State-Created Danger Test for all Circuits to follow?

Counsel of record

For petitioner
James Bretton Rasor
Rasor Law Firm, PLLC

For respondent
Peter Alan Smit
Varnum LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 24 2022
    Petition DENIED.
  2. Jan 05 2022
    DISTRIBUTED for Conference of 1/21/2022.
  3. Dec 15 2021
    Waiver of right of respondents Collin Wallace and Brandon DeHaan to respond filed.
  4. Dec 13 2021
    Waiver of right of respondents Ottawa County, Michigan, a Municipal Corporation, et al. to respond filed.
  5. Nov 24 2021
    Petition for a writ of certiorari filed. (Response due December 30, 2021)