Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

D.Conn.: Seizure of children in 2d Cir. does not violate parents' own rights

By John Wesley Hall, Jr.

In the Second Circuit, a seizure of children is a violation of their rights, but not the rights of the parents. P.C. v. Conn. Dep't of Children & Families, 2009 U.S. Dist. LEXIS 65172 (D. Conn. July 24, 2009): The seizure of the C. children does not, however, implicate the Fourth Amendment rights of P.C. and S.R.C. as alleged in Count One. See Second Amended Complaint at 25 ("The specific acts of the DCF employees ... violated the rights of the parents in this manner ...") (emphasis added). That is, to the extent they bring a claim to redress their own Fourth Amendment rights, as opposed to the Fourth Amendment rights of their children, such claim fails as a matter of law. See Tenenbaum v. Williams, 862 F. Supp. 962, 974 (E.D.N.Y. 1994), aff'd in part and vacated in part, 193 F...continue to full post

Full post as published by Fourth Amendment on August 01, 2009 (boomark / email).