United States Sixth Circuit

Individual defendants are entitled to qualified immunity to 42 U.S.C. section 1983 claims based on the absence of established law finding a substantive due process violation in a police officer's decision to retain custody over a child while her parent or custodian is placed under arrest, but defendants are not entitled to immunity on a claim for denial of a prompt judicial determination of probable cause.

Appellate Information

• Argued 08/07/2002
• Decided 09/24/2003
• Published 09/24/2003

Judges

• Before:  MOORE and GILMAN, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jeffery M. Blosser (argued and briefed), Kevin O'Brien & Associates, Co., Columbus, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Philip K. Hartmann (briefed), Brian M. Zets (argued and briefed), Stephen Jesse Smith (briefed), Schottenstein, Zox & Dunn, Columbus, OH, for Defendants-Appellees.