Amicus Brief: The Estate of Lana Keegan
The Estate of Lana Keegan v. Dr. Jamie Hoffman Rosenfeld et al
Filing Date
December 23, 2019
Charge
Civil
Jurisdiction
United States Court of Appeals for the Second Circuit
Partners
National Coalition for Child Protection Reform, Center for Family Representation, Bronx Defenders, Family Justice Resource Center
Summary
CIFS partnered with National Coalition for Child Protection Reform, Center for Family Representation, Bronx Defenders, and Family Justice Resource Center to file this brief in the U.S. Court of Appeals for the 2nd Circuit in the Estate of Lana Keenan. We argued in a suit for damages after the county improperly separated the family from their dying baby after a false accusation of shaking was made.
PRELIMINARY STATEMENT
The District Judge ignored the settled law of this Circuit on three important legal issues and overlooked major developments in medicine regarding yet another issue. To uphold the decision of the court below, this Court would have to overrule its existing law, or carve out convoluted exceptions to existing precedents. This Court is being asked to decide those important issues on an inadequate factual record, as plaintiffs did not oppose either of the two contradictory "Statements of Undisputed Facts" filed by the two sets of defendants in their motions for summary judgment. Amici urge this Court not to disturb the existing law of this Circuit, or to carve out exceptions to that law, based on such an incomplete factual record.