Stanley v. Finnegan, No. 17-2702 (8th Cir. 2018)Annotate this Case
After 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.