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DeBoer et al v. Snyder et al

MOTION for Summary Judgment , Brief in Support

35 Cited authorities

  1. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,707 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  2. Stanley v. Illinois

    405 U.S. 645 (1972)   Cited 5,107 times   3 Legal Analyses
    Holding that Illinois could not automatically designate the children of unwed parents as wards of the state upon the death of the mother because fathers of children born out of wedlock have a "cognizable and substantial" "interest in retaining custody of [their] children" under the Constitution

  3. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,153 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  4. Moore v. East Cleveland

    431 U.S. 494 (1977)   Cited 1,498 times   4 Legal Analyses
    Holding that a housing ordinance unduly restricting an extended family's right to live together in a single-family home violated due process

  5. Clark v. Jeter

    486 U.S. 456 (1988)   Cited 576 times
    Holding that "classifications that burden illegitimate children for the sake of punishing the illicit relations of their parents" must be "substantially related to an important governmental objective"

  6. Smith v. Organization of Foster Families

    431 U.S. 816 (1977)   Cited 809 times
    Holding that foster parents have a liberty interest in their relationship with their foster children

  7. Michael H. v. Gerald D

    491 U.S. 110 (1989)   Cited 495 times   1 Legal Analyses
    Holding that right to a hearing must be premised upon a claim of substantive entitlement to the right sought to be vindicated

  8. Orr v. Orr

    440 U.S. 268 (1979)   Cited 536 times
    Holding unconstitutional an Alabama statute making alimony available to wives only

  9. Weber v. Aetna Casualty Surety Co.

    406 U.S. 164 (1972)   Cited 575 times
    Holding that denial of workmen's compensation laws benefits upon death of father to dependent unacknowledged, illegitimate children violated equal protection

  10. Ciminillo v. Streicher

    434 F.3d 461 (6th Cir. 2006)   Cited 590 times
    Holding that an officer "seized" the plaintiff when the officer shot him with beanbag propellant

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   689 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,794 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  14. Section 402 - Old-age and survivors insurance benefit payments

    42 U.S.C. § 402   Cited 2,658 times   2 Legal Analyses
    Referring to the "legitimate ... child" of an individual

  15. Section 700.5204 - Court appointment of guardian of minor; conditions for appointment

    Mich. Comp. Laws § 700.5204   Cited 45 times
    Stating that a person interested in the welfare of a minor may petition for the appointment of a guardian for the minor

  16. Section 700.5103 - Delegation of powers by parent or guardian

    Mich. Comp. Laws § 700.5103   Cited 18 times

    (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption. (2) A parent shall not knowingly and intentionally delegate his or her powers under this section

  17. Section 710.24 - Petition for adoption; filing; jurisdiction; verification; contents; preplacement assessment; omission of certain identifying information

    Mich. Comp. Laws § 710.24   Cited 14 times
    Specifying that the court may allow " married individual to adopt without his or her spouse joining in the petition if the failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child"

  18. Section 700.5207 - Review of guardianship of minor

    Mich. Comp. Laws § 700.5207   Cited 12 times

    (1) The court may review a guardianship for a minor as it considers necessary and shall review a guardianship annually if the minor is under 6 years of age. In conducting the review, the court shall consider all of the following factors: (a) The parent's and guardian's compliance with either of the following, as applicable: (i) A limited guardianship placement plan. (ii) A court-structured plan under subsection (3)(b)(ii)(B) or section 5209(2)(b)(ii). (b) Whether the guardian has adequately provided

  19. Section 700.5202 - Parental appointment of guardian for minor

    Mich. Comp. Laws § 700.5202   Cited 7 times

    (1) The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses. (2) Subject to the right of the minor under section 5203, if both parents are dead or have been adjudged to be legally incapacitated or the surviving parent has no parental rights or has been adjudged to be legally incapacitated, a parental appointment becomes effective when the guardian's acceptance is filed in the court in which the will

  20. Section 700.5213 - Procedure for court appointment of guardian, temporary guardian, or lawyer-guardian ad litem for minor

    Mich. Comp. Laws § 700.5213   Cited 7 times

    (1) The petitioner shall give notice of the time and place of hearing of a petition for the appointment of a minor's guardian to each of the following: (a) The minor, if 14 years of age or older. (b) The person who had the principal care and custody of the minor during the 63 days preceding the date of the petition. (c) Each living parent of the minor or, if neither of them is living, the adult nearest of kin to the minor. (2) Upon hearing, if the court finds that a qualified person seeks appointment

  21. Section 404.356 - Who is the insured's legally adopted child?

    20 C.F.R. § 404.356   Cited 2 times

    You may be eligible for benefits as the insured's child if you were legally adopted by the insured. If you were legally adopted after the insured's death by his or her surviving spouse you may also be considered the insured's legally adopted child. We apply the adoption laws of the State or foreign country where the adoption took place, not the State inheritance laws described in § 404.355 , to determine whether you are the insured's legally adopted child. 20 C.F.R. §404.356 44 FR 34481, June 15