United States Sixth Circuit

In a 42 U.S.C. section 1983 action against a social worker claiming violation of their due process right to a hearing before the temporary removal of their children from their home, summary judgment for defendant is affirmed where the district court correctly held that plaintiffs were not entitled to a hearing because they consented to the removal of their children pursuant to a voluntary "safety plan."

Appellate Information

• Decided 03/26/2008
• Published 03/26/2008

Judges

• Before:  DAUGHTREY, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen R. Felson, Newman & Meeks Co., LPA, Cincinnati, Ohio, for Appellants.  Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Stephen R. Felson, Lisa T. Meeks, Newman & Meeks Co., LPA, Cincinnati, Ohio, for Appellants.   Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee.