U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.
No Immunity For WV Judge Who Led Warrantless Search Of Litigant’s Home
A judge was not entitled to judicial immunity after she paused a court hearing to go personally participate in a warrantless search of a litigant’s home.
6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.
Social Workers Violated Fourth Amendment By Conducting In-School, Warrantless Interviews Of Children
Social workers who conducted in-school interviews of the plaintiffs’ children violated the plaintiffs’ 4th Amendment rights because the social workers did not have a “reasonable suspicion” of abuse.
Driver Voluntarily Consented To Blood Draw: Evidence Wrongly Suppressed
A trial court improperly held that a driver’s consent to a blood draw was involuntary and, as a result, wrongly suppressed the blood-draw evidence at his drunk-driving hearing.
Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack
A police officer did not have the authority to search a backpack belonging to the passenger in a vehicle because the officer did not first obtain the passenger’s consent.
Order Requiring Drug Tests for a Parent of a Juvenile Adjudicated Delinquent is Unconstitutional, but its Unconstitutionality Was Waived
In In re Dorsey, the appellant's son had been adjudicated delinquent and was subject to the jurisdiction of the family division of the circuit court.