Stanley v. Finnegan, No. 17-2702 (8th Cir. 2018)
Annotate this CaseAfter child abuse investigators removed seven minor children from plaintiffs' home, plaintiffs brought a 42 U.S.C. 1983 action against DHS and others. On appeal, a civilian investigator for the Crimes Against Children Division appealed the district court's denial of her motion to dismiss based on qualified immunity. The Eighth Circuit affirmed and held that the facts plausibly alleged that the investigator could be liable if the children were removed from their parents' home without reasonable suspicion of child abuse. Furthermore, it was clearly established at the time the investigator acted that reasonable suspicion was required to remove the children from their home and their parents' custody.
Court Description: Loken, Author, with Smith, Chief Judge, and Wollman, Circuit Judges] Civil case - Civil rights. In action by parents whose children were removed from their home on allegations of abuse and neglect, the district court denied the motion for summary judgment based on qualified immunity filed by defendant Finnegan, a civilian investigator for the Crimes Against Children Division of the Arkansas State Police, and she appeals. Held, the facts pleaded in the complaint plausibly alleged Finnegan lacked reasonable suspicion of child abuse when she participated in removing plaintiffs' minor children from the home and custody of their parents; further, it was clearly established at the time Finnegan acted that reasonable suspicion was required to remove the children. [ August 09, 2018
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