United States Sixth Circuit

In a 42 U.S.C. section 1983 suit alleging a violation of plaintiffs' rights to receive child support payments in a timely fashion and without cost as required by the Social Security Act, grant of defendants' motion for judgment on the pleadings is affirmed as: 1) 42 U.S.C. sections 657(a) and 654b(c) do not confer individual rights actionable under section 1983; 2) the district court correctly found that plaintiffs failed to allege a viable due process violation; and 3) the district court did not erred in finding that defendants were entitled to qualified immunity.

Appellate Information

• Decided 07/06/2006
• Published 07/06/2006

Judges

• Before: DAUGHTREY and McKEAGUE, Circuit Judges;  McCALLA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Judith B. Goldstein, Equal Justice Foundation, Columbus, Ohio, for Appellants.  Henry G. Appel, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellees.   ON BRIEF:  Judith B. Goldstein, Equal Justice Foundation, Columbus, Ohio, Connie F. Zemmelman, Law Office of Connie F. Zemmelman, Toledo, Ohio, for Appellants.  Henry G. Appel, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellees.