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Stephanie Ann Ripple, as Administratrix of the Estate of John Robert McCool v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 26-1411


Pending

Questions presented

  1. Whether the favorable-termination requirement of Heck v. Humphrey, 512 U.S. 477 (1994), bars a 42 U.S.C. § 1983 claim brought by the estate of a prisoner who died in custody, rendering federal habeas corpus relief impossible through no fault of the decedent or the estate.

  2. Whether applying Heck after a prisoner’s death extinguishes the only remaining damages remedy and thereby nullifies a state survival statute that 42 U.S.C. § 1988 requires federal courts to apply.

  3. Whether a surviving child has standing under 42 U.S.C. § 1983 to assert a substantive dueprocess claim for loss of familial association arising from deliberate indifference that caused a parent’s death in custody.

Counsel of record

For petitioner
Stephanie Ann Ripple

For respondent
Matthew Ryan Clayberger
Thomas, Thomas & Hafer, LLP

Case

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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Sep 16 2026
    Waiver of right of respondent Heath Brosius to respond filed.
  3. Sep 16 2026
    Waiver of right of respondent Michael O'Donnell to respond filed.
  4. Aug 03 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2026)