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Kristin Bausch v. Jacob Frost, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-2418 · judgment January 31, 2024


Certiorari denied · November 18, 2024
Pre-decision estimate: 0% cert probability

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

Question presented

The issue before this Court is whether the Seventh Circuit of the Western District of Wisconsin had subject matter jurisdiction over the case. The Plaintiff should be notified that a mandatory Turner v. Rogers, 564 U.S. 431 (2011) was not conducted. Appellate was not given Turner Rogers hearing. Given the absence of a mandated Turner hearing, and whether this would be an infringement of the Appellant's due process rights and a legal reason for the court to take action? Women are not a part of child support. Nothing in the federal statute discusses establishment of maternity for support. Appellate has brought forward this discovery within Blessing v. Freestone 520 U.S. 329 (1997). The Accardi Doctrine requires government officials to follow agency regulations which has become an important rule of law even when it’s not convenient. Unpublished agency guidelines are not considered binding rules under this doctrine, but guidelines that establish procedural and substantive restraints to protect individuals from arbitrary treatment by government officials should be covered. It's important to have a consistent application of these rules, especially in cases where individual rights are affected. See United States ex rel. Accardi vs. Shaughnessy, 347 U.S. 260 (1954).

Counsel of record

For petitioner
Kristin Bausch

For respondent
Maria del Pizzo Sanders
Von Briesen & Roper, S.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 18 2024
    Petition DENIED.
  2. Oct 30 2024
    DISTRIBUTED for Conference of 11/15/2024.
  3. Oct 29 2024
    Waiver of right of respondent Emily Wilson to respond filed.
  4. Oct 09 2024
    Waiver of right of respondent Jacob Frost to respond filed.
  5. Oct 07 2024
    Waiver of right of respondents Jason Hanson, Jane Jacobs, Lisa Bina, Nancy Haack, Jennifer Cooke and Criscilda Chairez to respond filed.
  6. Apr 30 2024
    Petition for a writ of certiorari filed. (Response due October 21, 2024)