Humphries v. Milwaukee Cnty., No. 11-3758 (7th Cir. 2012)
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Humphries applied to Milwaukee County to renew her child care provider certificate. Muniz reviewed her application, sent a standard inquiry to a state agency as part of the background check, learned that Humphries had a substantiated finding of child abuse from 1988, and, after conferring with his supervisor, Muniz denied Humphries’s application. Humphries claims that she was not aware of the finding; she had been certified as a child care provider in the past. The abuse finding was later overturned and Humphries was certified. In her suit under 42 U.S.C. 1983, the district court granted summary judgment to Muniz and his supervisor on the basis of qualified immunity. The Seventh Circuit affirmed, rejecting a due process claim. Muniz and his supervisor had no involvement in the investigation or determination of the 1988 finding of substantiated abuse and did not violate Humphries’s constitutional rights when they relied on that finding to deny her child care provider renewal application.
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