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Reasonable belief of child abuse = qualified immunity for interference with family

By John Wesley Hall, Jr.

Actions of state officials undertaken in a reasonable belief of suspected child abuse that even interfere with family rights are protected by qualified immunity. Fletcher v. Brown County, 2008 U.S. Dist. LEXIS 21882 (D. Neb. March 18, 2008): However, the right to family integrity, that is, a parent's right to the care, custody and management of their children, is not absolute and is limited by the compelling governmental interest in the protection of minor children. Manzano, 60 F.3d at 509-510. Indeed, the right to family integrity has been characterized by the First Circuit as "a parent's right to custody in the absence of a case worker's reasonable suspicion of child abuse." Hatch v. Department for Children, Youth and Their Families, 274 F...continue to full post

Full post as published by Fourth Amendment on March 23, 2008 (boomark / email).