Petitions of the week
on Jan 25, 2019 at 10:06 am
This week we highlight petitions pending before the Supreme Court that address, among other things, the availability of accommodations under the Americans with Disabilities Act to an armed, violent and mentally ill suspect being brought into custody; a parent’s ability to change a child’s habitual residence by unilaterally removing the child to another country for a period of time; and whether a statutory requirement that a court order a nonresident plaintiff to post a bond for costs under certain circumstances is constitutional.
The petitions of the week are:
Issue: Whether a child’s habitual residence can be changed based on one parent’s unilateral removal of a child to or retention of the child in another country plus the passage of time.
Issues: (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
Issue: Whether a statute requiring a court, upon a defendant’s request, to order a nonresident plaintiff to post a minimal security bond for costs violates either the privileges and immunities clause of Article VI, Section 2 of the United States Constitution or the equal protection clause of the 14th Amendment.
