United States Second Circuit

In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.

Appellate Information

• Decided 02/02/2012
• Published 02/02/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael G. O'Neill, Julian L. Kalkstein