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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
Questions presented
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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.
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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.
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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.
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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
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Case
Conference history
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Proceedings
- Jul 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2026)