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United States Seventh Circuit


Michael C. v. Gresbach, 07-1756

In an action against a caseworker in the Bureau of Milwaukee Child Welfare alleging a violation of children's Fourth Amendment rights by conducting under the clothes examination of the children's bodies during interviews at their private school, denial of a motion for summary judgment based on qualified immunity for is affirmed where: 1) the children's Fourth Amendment rights were violated when the defendant conducted a search on private property without consent, a warrant or probable cause, or exigent circumstances; and 2) there was clearly established doctrine as to what actions a caseworker must take when conducting a child abuse investigation at a private school.

Appellate Information

  • Argued 12/03/2007
  • Decided 05/19/2008
  • Published 05/19/2008

Judges

  • BAUER, Circuit Judge., Before BAUER, EVANS and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Michael D. Dean (argued), Dean & McKoy, Waukesha, WI, Stephen M. Crampton (argued), Liberty Counsel, Lynchburg, VA, for Plaintiffs-Appellees., Michael J. Modl, Brian C. Hough (argued), Axley Brynelson, Madison, WI, for Defendant-Appellant.
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