An amicus brief written by Cleveland-Marshall students Amy Polomsky and Katherine Southworth was featured in a petition recognized as petition of the day by the Supreme Court of the United States blog. The students drafted the brief as part of their work in the Cleveland-Marshall Civil Litigation Clinic.
The SCOTUSblog petition of the day posts feature petitions that are likely to appear on the “petitions to watch” list when they are scheduled for consideration by the Justices. Petitions of the day are those identified as raising one or more questions that have a reasonable chance of being granted in an appropriate case.
The decision in question dates back to 2002, when four social workers in Cuyahoga County decided to remove a brother and a sister from their home for suspected abuse. Three days after the removal, a family court judge ruled that the suspicion was reasonable, and the kids were kept out of their home for nine month. Last year, the Sixth Circuit Court of Appeals refused to grant those social workers qualified immunity, allowing them to be sued personally for their decision 12 years ago. That ruling was made despite a vigorous dissenting opinion.
Jones Day Cleveland elected to take the case to the U.S. Supreme Court, pro bono, and asked the Cleveland-Marshall Civil Litigation Clinic to file an amicus brief. The civil litigation students, supervised by Clinical Professor Doron Kalir, filed this brief on behalf National Association of Social Workers.