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United States Sixth Circuit


Kovacic v. Cuyahoga County Dep't of Children & Family Serv., 08-4656

In a suit brought by plaintiff-mother on behalf of herself and her minor children claiming that her constitutional rights were violated when social workers, aided by police officers, entered her home by force and removed her children, judgment of the district court is affirmed in part, reversed in part, and remanded where: 1) the district court correctly ruled that all of plaintiff's claims are time barred; but 2) the claims by the children are not barred by Rooker-Feldman as their claims do not seek review or reversal of the decision of the juvenile court to award temporary custody to the state, but instead focus on the conduct of Family Services and of the social workers that led up to the juvenile court's decision to award temporary custody to the county.

Appellate Information

  • Argued 03/11/2010
  • Decided 05/26/2010
  • Published 05/26/2010

Judges

  • Before MERRITT, COOK, and KETHLEDGE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Kenneth D. Myers, Law Offices, Cleveland, Ohio, for Appellants. Steven W. Ritz, Cuyahoga County Prosecutor's Office, Cleveland, Ohio, for Appellees. ON BRIEF:Kenneth D. Myers, Law Offices, Cleveland, Ohio, for Appellants. Shawn M. Mallamad, Cuyahoga County Prosecutor's Office, Cleveland, Ohio, for Appellees.
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