United States Second Circuit

In a suit by a father and his children under 42 USC section 1983 asserting that a children's services caseworker employed by the City of New York entered their home unlawfully and effected an unconstitutional removal of the children into state custody, a grant of summary judgment to the caseworker is: 1) affirmed with respect to the father's substantive due process claim, under the "brief removal" doctrine, but 2) vacated with respect to the father's and children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims, and the children's Fourth Amendment unlawful-seizure claim.

Appellate Information

• Decided 05/14/2012
• Published 05/14/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel

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