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United States Third Circuit

Mulholland v. The Government County of Berks, 12-2075

District court properly found that defendant-county is not subject to municipal liability for alleged violations of plaintiffs' procedural and substantive due process rights in its investigation of child abuse, as a matter of law, where: 1) plaintiffs failed to show that any alleged failures resulted from an agency policy or custom; 2) the process allows a subject of a child abuse report the opportunity to air new information at a meaningful time and in a meaningful manner, and due process does not require more; and 3) the child welfare agency had reasonable suspicion that the children were at sufficient risk to justify seeking their removal, given plaintiff Mulholland's listing on ChildLine as an indicated perpetrator of child abuse.

Appellate Information

  • Decided 01/28/2013
  • Published 01/28/2013




  • United States Third Circuit


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