United States Tenth Circuit

Summary judgment for plaintiffs in a civil rights case alleging that removal of plaintiffs' son from their home without a warrant or pre-deprivation hearing violated their right to maintain a family relationship is affirmed where defendants failed to comply with the statute under which they claimed qualified immunity, and defendants' conduct was not objectively reasonable.

Appellate Information

• Decided 02/10/2006
• Published 02/10/2006

Judges

• MURPHY, Circuit Judge., Before SEYMOUR, MURPHY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Debra J. Moore, Office of the Utah Attorney General, Litigation Division (Mark L. Shurtleff, Utah Attorney General, Nancy L. Kemp, Peggy E. Stone, Peter L. Rognlie, Assistant Utah Attorneys General, on the briefs), Salt Lake City, UT, for Defendants-Appellants., Steven C. Russell, Affordable Legal Advocates, P.C., Salt Lake City, UT, for Plaintiffs-Appellees.