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Kenneth E. Thorton v. Beaver County, Pennsylvania, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 25-2840 · judgment June 30, 2026


Certiorari denied · October 19, 2026

Questions presented

  1. Whether the Fourteenth Amendment permits a State to place an individual on a child abuse registry and impose substantial legal disabilities, reputational harm, and other protected liberty deprivations before providing a meaningful pre-deprivation hearing.

  2. Whether Pennsylvania's Child Protective Services Law, including 23 Pa.C.S. §§ 6303 and 6368 and 55 Pa. Code § 3490.4, violates the-Fourteenth Amendment by automatically converting a nolo contendere plea into a founded child abuse determination and ChildLine Registry placement without an independent adjudication that child abuse, as defined by Pennsylvania law, actually occurred.

  3. Whether the automatic imposition of founded child abuse status and ChildLine Registry consequences arising from the same underlying conduct constitutes additional punishment in violation of the Double Jeopardy Clause of the Fifth Amendment.

  4. Whether Petitioner's complaint stated actionable claims underthe First, Fourth, Fifth, and Fourteenth Amendments, 42 U.S.C. §§ 1981, 1983, 1985, and 1986, including claims for prospective declaratory and injunctive relief against state officials under Ex parte Young, 209 U.S. 123 (1908), challenging the constitutionality of 23 Pa.C.S. §§ 6303 and 6368 and 55 Pa. Code § 3490.4, thereby requiring reversal of the judgment below and remand for further proceedings.

Counsel of record

For petitioner
Kenneth Thorton

For respondent
John A. Bacharach
Allegheny County Law Department

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED.
  2. Oct 09 2026
    Waiver of right of respondent Allegheny County, Susan Marcone, Rebecca Pantall to respond filed.
  3. Oct 01 2026
    DISTRIBUTED for Conference of 10/16/2026.
  4. Sep 24 2026
    Waiver of right of respondent Robert J. Masters to respond filed.
  5. Sep 17 2026
    Waiver of right of respondents Midland Borough School District, Sean Tanner, Brenda Militello, City of Aliquippa, Dwan Walker, Aliquippa School District, Peter Carbone, Marlene Everett, Christiana White, David Wytiaz, Lawrence County, Lawrence County CYS, Amy DiMuccio, John Bout, Krist to respond filed.
  6. Sep 17 2026
    Waiver of right of respondents Pennsylvania Department of Human Services; Secretary Valerie Arkoosh to respond filed.
  7. Sep 17 2026
    Waiver of right of respondents Ohioville Borough and Douglas Edgell to respond filed.
  8. Jul 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2026)