Southerland v. City of New York, No. 07-4449 (2d Cir. 2011)
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Plaintiffs, a father and his children, brought various claims under 42 U.S.C. 1983 asserting that a children's services caseworker entered their home unlawfully and effected an unconstitutional removal of the children into state custody. At issue was whether the district court properly concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him and granted summary judgment in his favor. The court held that the caseworker was not entitled to qualified immunity and vacated the district court's grant of summary judgment on plaintiff's claims for Fourth Amendment violations arising out of the allegedly unlawful search of plaintiffs' home; plaintiffs' claims for violations of procedural due process under the Fourteenth Amendment; the father's claim for violation of substantive due process under the Fourteenth Amendment; and the children's claim for unlawful seizure under the Fourth Amendment. Accordingly, the court remanded for further proceedings.
The court issued a subsequent related opinion or order on February 2, 2012.
The court issued a subsequent related opinion or order on May 14, 2012.
The court issued a subsequent related opinion or order on May 22, 2012.
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