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Denver Ward v. Laura Fisher, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 24-5083 · judgment April 1, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does a guardian ad litem violate due process in acting outside the scope of their duties for the child’s best interests when acting in contravention of state law?

  2. Is a guardian ad litem entitled to quasi-judicial immunity when acting outside the scope of their duties by advocating for one parent over the other?

  3. Does a court-appointed custody evaluator violate due process in acting outside the scope of their duties for the child’s best interests when acting in contravention of state law?

  4. Is a custody evaluator entitled to quasi-judicial immunity when acting outside the scope of their duties by advocating for one parent over the other?

  5. Are guardian ad litems and custody evaluators state actors when their duty is to the Court, not the individual?

  6. Does an attorney-client agreement qualify as a written contract for purposes of the five-year statute of limitations?

Counsel of record

For petitioner
Donald Eugene Smolen II
Smolen Law, PLLC

For respondent
Bruce Alvin McKenna
McKenna & McKenna

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 16 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 01 2025
    Brief of respondent Brad Grundy in opposition filed.
  4. Jun 26 2025
    Brief of respondent Carol Swenson in opposition filed.
  5. Jun 24 2025
    Brief of respondent Dr. Laura Fisher in opposition filed.
  6. May 29 2025
    Petition for a writ of certiorari filed. (Response due July 2, 2025)