12 results for 'cat:"Family Law" AND cat:"Immunity"'.
J. Smith finds that the district court properly denied absolute and qualified immunity to two County of San Bernardino social workers in a matter in which the social workers allegedly violated individuals’ Fourth and Fourteenth Amendment rights by failing to provide them with notice of a juvenile detention hearing in which the County’s Child and Family Services sought custody of a minor and provided false information to the Juvenile Court about why a mother was not noticed for the hearing. The social workers failed to show that they were entitled to absolute immunity for actions taken in their role as social workers. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: April 2, 2024, Case #: 22-56054, Categories: family Law, immunity
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: Civil Rights, family Law, immunity
J. Brimmer grants the county immunity in a mother's claims contending her child had been removed from her care after she was wrongly accused of engaging in a domestic violence altercation with her wife, a child caseworker, and falsely accused of attempting suicide, because the county had qualified immunity in the case.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 21, 2024, Case #: 1:23cv224, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, family Law, immunity
J. Brnovich grants the state's motion to dismiss a mother's negligence claims against the department of child services. The department of child services, which has qualified immunity, sufficiently showed in court that the mother failed to properly serve it, and that its investigation into claims that she molested her child did not violate her civil rights.
Court: USDC Arizona, Judge: Brnovich, Filed On: February 5, 2024, Case #: 2:23cv770, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, family Law, immunity
J. Bybee finds that the district court improperly entered summary judgment for the county on judicial deception claims brought by parents after social workers removed their two minor children from their custody following an anonymous report that the parents were using medical marijuana to treat severe autism of one of the children. The application filed in support of the warrant of removal contained misrepresentations and omissions of fact. The social workers were not entitled to qualified immunity because the right to be free from judicial deception was clearly established. The lower court properly found for the social workers on the parents’ Fourth Amendment claim concerning a social worker's interview of the other child at school. The social worker was entitled to qualified immunity because she lacked fair notice that her conduct was unlawful. Reversed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: February 2, 2024, Case #: 21-55999, Categories: family Law, immunity
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J. Wilkinson finds the lower court properly declined the judge's motion for summary judgment on judicial immunity grounds. During a legal dispute between an ex-married couple over the distribution of several sentimental items like photos and yearbooks, the judge, frustrated with the husband's failure to turn over items, entered his home despite objection from the husband, whom she threatened to arrest and supervised the seizure of items in the house. Taking it upon herself to conduct an unlawful search of his home falls outside of her judicial role. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: October 30, 2023, Case #: 22-1757, Categories: family Law, Judiciary, immunity
J. Stras finds a lower court properly ruled that a judge in Missouri exceeded authority when he escorted two minor children to a jail cell two separate times, forced them to remove their clothing and shoes, and then came back later to let them go, after they acted inappropriately in a courthouse. The judge argued that he was entitled to judicial immunity, even though his actions may have been inappropriate, and that he was obligated to issue a pick up order when the mother and children failed to appear in court. However, the judge was not entitled to judicial immunity for the acts against the children, but properly exercised jurisdiction to impose a pick up order when all three failed to show up to court. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: June 21, 2023, Case #: 21-3903, Categories: family Law, immunity, Jurisdiction
J. Clark finds the lower court erroneously denied the Department of Children and Families' motion to dismiss discrimination claims filed by the Muslim father. The department was entitled to immunity based on the fact it only became involved in the case after the father filed an emergency custody motion against the mother of his children. The father made no allegations the department initiated litigation because of his religion and the department did not initiate removal proceedings on its own; therefore, it was protected by the litigation privilege. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 15, 2023, Case #: AC45265, Categories: family Law, immunity, Jurisdiction