United States Second Circuit

Summary judgment to defendants, employees of the Connecticut Department of Children and Families, in a 42 U.S.C. section 1983 action seeking damages for the removal of three children from their home without parental consent or a court order, is affirmed, where: 1) based on undisputed facts in the record, the defendants' decision to remove the children without parental consent or a court order was justified by an objectively reasonable belief that there was an imminent threat to the children's safety; and 2) defendants are therefore protected by the doctrine of qualified immunity.

Appellate Information

• Decided 10/17/2013
• Published 10/17/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel