United States Eighth Circuit

Denial of application for naturalization on grounds that plaintiff failed to establish that he is a person of good moral character is reversed and remanded where: 1) the district court erred in giving preclusive effect to the Department of Social Services determination and plaintiff's inclusion in the central registry of Virginia's child abuse and neglect information system in finding that plaintiff was not a person of good character; and 2) plaintiff's children's recantations of their earlier charges created a genuine issue of material fact as to whether he abused them.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• SMITH, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David L. Wilson, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Aram A. Gavoor, argued, Washington, DC, for appellee.