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Sixth Circuit· 12/2/2015

Barber v. Miller

Citations

  • 809 F.3d 840
  • 2015 FED App. 0780N
  • 2015 U.S. App. LEXIS 21104
  • 2015 WL 7775063

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “routinely fail[ing] to follow mandatory procedures under state law” created no certainly impending injury to establish standing for a declaratory judgment
  • holding, in 2015, that the right to not be removed based on a social worker’s false or reckless statements of material fact was not clearly established
  • holding the “Fourth Amendment right to avoid warrantless, in-school interviews by social workers on suspicion of child abuse not to have been clearly established in January 2011” and declining to rule on the constitutional merits of the claim
  • affirming 6 Hargett noted that “standing-related cases before Twombly and Iqbal ‘presum[ed] that general allegations embrace those specific facts that are necessary to support the claim.’” Hargett, 947 F.3d at 982 (citing Lujan v. Defs. of Wildlife, 112 S. Ct. 2130 (1992)
  • “[S]ocial workers enjoy absolute immunity when acting in their capacities as legal advocates,” which includes “initiating court proceedings” and “filing child-abuse complaints.”
  • “Though [the plaintiff] has standing to sue under § 1983 for past harms, he must demonstrate separate standing to seek declaratory or injunctive relief focused on prospective harm.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Cook, Norris

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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