· 12/3/2010
Costanich v. DEPT. OF SOCIAL AND HEALTH SERVICES
Citations
- 627 F.3d 1101
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a social worker was entitled to qualified immunity on a due process claim where her conduct violated the Due Process Clause, but at the time the law was not sufficiently clear as to the specific proceeding at issue for the violation to be clearly established
- explaining that both “an interviewer who deliberately mischaracterizes witness statements” and “an investigator who purposefully reports that she has interviewed witnesses, when she has actually only attempted to make contact with them, deliberately fabricates evidence”
- affirming denial of qualified immunity at summary judgment stage in case where foster license was revoked
- “[D]eliberately fabricating evidence in civil child abuse proceedings violates the Due Process clause of the Fourteenth Amendment when a liberty or property interest is at stake . . . .”
- “[D]eliberately fabricating evidence in civil 14 child abuse proceedings violates the Due Process clause of the Fourteenth Amendment 15 when a liberty or property interest is at stake ... .”
- mischaracterizations can provide direct evidence of fabrication
Source: CourtListener parenthetical corpus (CC0).
Judges: Wardlaw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.