Deshaney V. Supreme Court Case Study

United States v. Jones is one of many cases that the Supreme Court has ruled on. The case was one of the few cases that has a unanimous ruling. Evening though there was a unanimous rule there was still a debate on reasoning behind the ruling. The debate is between privacy given to a person’s property and a person’s expectation of privacy. United States v. Jones deals with a global positioning device attached to Jones’ car by officers without a warrant. The Supreme Court ruled that the attachment of the global positioning device was a violation of the fourth amendment. Justice Scalia gave the plurality opinion and their reasoning was that the intrusion on the car made it a violation of the fourth amendment.

Raymond DeSABATO, Jr., and Robin DeSabato, Plaintiffs,v.UNITED STATES of America, Defendant.Civil Action No. 06–40151–FDS.March 6, 2008.

Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.

The facts of the case in Deshaney V. Winnebago County (1989) start with Joshua Deshaney’s mother suing Winnebago County’s Department of Social Services. Joshua Deshaney lived with his abusive father. Joshua’s father beat him so bad that he ended up with serve brain damage. The damage was so bad that Joshua is now permanently mentally disabled. During the time that Joshua lived with his father and endured the abuse the Winnebago Department of Social Services was made aware of the abuse and has several complaints about the abuse Joshua endured. They Winnebago Department of Social Services said they did everything in their power to protect Joshua. They did not however remove Joshua from the fathers care/home therefore the mother of Joshua Deshaney

In the case, DeShaney v. Winnebago County Social Services, the mother of an abused child, Ms. DeShaney (Petitioner) sued Winnebago County Department of Social Services and several of their employees, (Defendant) for failing to protect the child from physical abuse by his father. In 1984, four-year-old Joshua DeShaney became comatose and then severely retarded due to traumatic head injuries inflicted by his father who beat him over an extended period of time. The county department of social services received complaints that the boy was being abused by his father and took various steps to protect him. They did not, however, remove Joshua from his father's custody. Ms. DeShaney subsequently sued the Winnebago County Department of Social Services,

The Dusky V. United States was a case that began to question the competency of people that have committed crimes. On September 10, 1958 Milton R. Dusky was charged with unlawfully transporting, a 15 year old, across state lines from Missouri to Kansas with two other young boys, Leonard Dischart, age 13, and Richard H. Nixon, age 16. The young girl had known Nixon before she knew Dischart; therefore, she accepted the invitation when the two boys and the defendant asked if she needed a ride to the drug store. Dusky and the boys, after leaving the drug store, had decided to go for drinks, that Dusky had provided. Intoxicated, they debated whether or not they should have sexual relations with the young girl with “the type of girl she is.” Returning

The Matthews v. Eldridge (1976) case has great historical significance and present day value. The background surrounding the case is of a defendant who fell into oppressing situations, leaving him in a lengthy legal battle over social security disability claims. Administrating procedures of programs like the social security might cause issues, resulting with the judicial branch to assists in clarifying with, if not create, policy making and implementation. This case can be viewed as one of interest of government versus personal interest. This case tested administrative law and due process procedures, concluding with a “U.S. Supreme Court ruling that has define the requirements of administrative due process since it was rendered in the mid- 1970s” (Cooper, 2007). “On the few occasions when the Supreme Court has commented on this aspect of due process, it has suggested a choice between extremes: either due process requires one-size-fits-all procedures designed for the average or typical person in a particular context, or due process requires procedures that are determined on a case-by-case basis” (Parkins, 2014). Parkins is commenting on the due process issue that is to be reviewed pertaining to Mathews v. Eldridge.

Throughout the United States history, there have been many decisions that could have both made and broken the establishment as we know it. One such case that hinges on that statement would be that of the United States V. Jones. The Government is your friend, if you haven’t done anything wrong then you have nothing to hide. Respondent Jones committed a crime that is a known fact. The police had a warrant and they acted on that warrant, although it had expired which was there own fault, they attached a GPS onto his wife’s car because he was smart when using his own car and his own cell phone. Talking in code and only driving from his house to work in his personal car.

The landmark case of Plessy v. Ferguson is a Constitutional case in which it had to be decided who the constitution meant when it said "all men are created equal." This case is very important to our constitution and to the people being governed by the constitution because it brought up issues that hadn't been discussed in the U.S before. This case shows the degree of federalism and how much the government paid attention to it. The amendments in the constitution do not apply to a simple race or ethnicity. Throughout history laws have been made and destroyed at the cost of colored people, in the Plessy v. Ferguson case it is shown that due to the thirteenth and fourteenth amendments all citizens have equal protection under the law. Plessy was denied his right, as well as other colored people because they belonged to different bathrooms, they belonged to different train cars and they belonged to different water fountains at this time in history, but Plessy'

Facts: The Petitioner Charles Katz used a public phone booth in order to place phone calls to transmit and receive gambling information and wagers across multiple state lines, which is a violation of federal law. After extended FBI surveillance of the petitioner for illegal gambling activities, a listening device was placed on the outside of the public telephone booth and recorded the petitioner’s side of the phone conversations. The recordings were submitted into evidence despite the petitioner objecting, citing fourth amendment violations, which assisted in his conviction. The conviction was brought against the Ninth Circuit of Appeals, and the conviction was affirmed deeming the external listening

The impacts of DeShaney v. Winnebago are used in cases of psychiatric patients and many other child abuse cases. In the context of psychiatric patients, two Supreme Court cases lead the legal precedent on how psychiatric cases are followed through: The case of Youngberg v. Romeo, which held that the government takes on affirmative duties in involuntarily confining a mental health patient, and also the case of DeShaney v. Winnebago, which lessened the range of affirmative duties given to the government (Hagan 735). Although DeShaney v. Winnebago protected social workers, it also created a more difficult space for child abuse cases to actually be carried out. For example, Jessica Gonzales tried to steer around the DeShaney v. Winnebago case when her husband murdered their three kids despite Jessica’s multiple reports of his

Segregation violates the Equal Protection Clause because according to the 14th Amendment “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”. States do not have the power to segregate communities, or individuals because of their color which is why cases like Brown v. Board of Education, Plessy v. Ferguson, and many more went to the United States Supreme Court. Brown v. Board of Education and Plessy v. Ferguson cases are relatable because they were both deprived of their 14th Amendment rights. With Brown v. Board of Education, there was racial discrimination in the public education system. With Plessy v. Ferguson, Louisiana created their own law which made it so that white

Prior to the 1960s Civil Rights Acts, it was an unfortunate matter to be a black U.S. citizen living in the South. They were not allowed to vote nor were they free to sit on the front-row seats of a state bus. On the other hand, these liberties were given to the white community, forcing an inequality gap between the two races. This gap eventually led the two racial groups to be separated at every possible public location, such as schools, restaurants, and beaches. Such an act was enforced by the Jim Crow Laws and supported by the 1896 Plessy v. Ferguson case, which the Supreme Court stated their “separate but equal” doctrine. The Ku Klux Klan and white community also made it their duty to enforce the laws; at the same time, they conducted

1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.