Slaven, et al v. Engstrom, et al, No. 12-1457 (8th Cir. 2013)
Annotate this CasePlaintiffs, individually and as parents and next friends of C.S., A.S., and J.S., brought suit against the County under 42 U.S.C. 1983 for violations of their procedural due process rights stemming from their child-protection case. Plaintiffs' complaint related to the notice and hearing requirement of an emergency protective custody hearing. The court concluded that the County lacked any policymaking authority regarding the handling and scheduling of the EPC hearing and formal hearing. Plaintiffs' complaint essentially alleged that Minnesota law, and the state court judge's application of that law - not an independent County policy - caused the procedural due process violations. The County could not be liable to plaintiffs under section 1983 for the violation of their procedural due process rights based on the allegations contained in the complaint. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Civil Rights. Defendant Hennepin County lacked any policymaking authority regarding the handling and scheduling of an emergency protective custody hearing and the formal hearing on plaintiffs' custody of their children, and any violation of plaintiffs' procedural due process rights was the result of the application of Minnesota law for which defendant could not be liable.
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