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Maria Del Rosario Chico Vietti, Individually and as Parent and Next Friend of A. R. V., P. F. V., and H. S. V., minor children v. Welsh & McGough, PLLC, an Oklahoma Professional Limited Liability Corporation, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 24-5032 · judgment December 26, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does a guardian ad litem violate due process in acting outside the scope of her duties for the child’s best interests when acting in contravention of state law?
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Is a guardian ad litem entitled to quasi-judicial immunity when she acts outside the scope of her duties in acting for the child’s best interests and instead advocates for one parent over the other?
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Does a court-appointed therapist violate due process in acting outside the scope of her duties in acting for the child’s best interests when acting in contravention of state law?
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Is a court-appointed therapist entitled to quasijudicial immunity when she acts outside the scope of her duties in acting for the child’s best interests and instead advocates for one parent over the other?
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Are guardian ad litems state actors when their duty is to the Court, not the individual?
Counsel of record
For petitioner
Donald Eugene Smolen II
Smolen Law, PLLC
For respondent
Melanie Wilson Rughani
Crowe and Dunlevy, P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 02 2025Petition DENIED.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- Apr 23 2025Brief of respondent Jamie Vogt, LPC in opposition filed.
- Apr 07 2025Waiver of right of respondents Welsh & McGough, PLLC and Catherine Welsh to respond filed.
- Mar 26 2025Petition for a writ of certiorari filed. (Response due April 28, 2025)