United States Third Circuit
B.S. v. Somerset County, 11-1833
In 1983 action against defendant county and its employees by Mother claiming violation of her constitutional rights when they secured and effectuated the transfer of her daughter to the daughter's natural father and related orders, summary judgment for defendant-county employees is affirmed in part and vacated in part, where: 1) Mother's procedural due process rights were violated by the defendants, though the individual defendants are protected by absolute immunity; 2) the grant of summary judgment to defendants on the substantive due process claims was proper; and 3) the case is remanded for a trial against the defendant-county on the damages Mother sustained when her procedural due process rights were violated.
Appellate Information
- Decided 01/08/2013
- Published 01/08/2013
Judges
- JORDAN
Court
- United States Third Circuit