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Dan Cherner v. Westchester Jewish Community Services, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-642 · judgment December 20, 2022

Certiorari denied · May 30, 2023

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

Are respondents, who were appointed as forensic evaluator in a custody proceeding by the Family Court of the State of New York, by court order which directed specific actions, including observing the children with each parent, state actors ?
Are respondents, as a court-appointed forensic evaluator, entitled to absolute immunity ?
Are respondents, as a court-appointed forensic evaluator, entitled to quasi-judicial immunity ?
Are respondents, as a court-appointed forensic evaluator, entitled to qualified immunity ?
Are respondents, as a court-appointed forensic evaluator, entitled to any type of immunity ?
May respondents, as a court-appointed forensic evaluator, disobey, flout, and violate a court order issued by a court of competent jurisdiction, under a cloak of immunity ? l

For petitioner
Dan Cherner
The Cherner Firm

For respondent
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Conference history
Distributed for 1 conference

Jul 24 2023
Rehearing DENIED.
Jun 29 2023
DISTRIBUTED.
Jun 22 2023
Petition for Rehearing filed.
Main Document Certificate of Word Count Proof of Service
May 30 2023
Petition DENIED.
May 09 2023
DISTRIBUTED for Conference of 5/25/2023.
Mar 17 2023
Petition for a writ of certiorari filed. (Response due April 20, 2023)
Petition Appendix Certificate of Word Count Proof of Service