United States Eleventh Circuit

In an action alleging denial of the substantive due process right to physical safety as a dependent child in the custody of the Florida Department of Children and Families, plaintiffs cannot recover unless they can show that the defendants actually knew of the substantial risk of harm to the minor and that defendants were deliberately indifferent to it.

Appellate Information

• Decided 05/24/2004
• Published 05/24/2004

Judges

• HILL, Circuit Judge:, Before TJOFLAT and HILL, Circuit Judges, and MILLS , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• J. Ray Poole, Jr., John F. Dickinson, Constangy, Brooks & Smith, J. Dixon Bridgers, III, Bridgers, Gill & Holman, Jacksonville, FL, for Defendants-Appellants., Maria Elena Abate, Howard M. Talenfeld, Colodny, Fass & Talenfeld, P.A., Ft. Lauderdale, FL, Robert F. Spohrer, Helen W. Spohrer, Spohrer, Wilner, MArees & Maxwell, Jacksonville, FL, for Plaintiffs-Appellees.