Malik v. Arapahoe County Department of Social Services

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 parent has a liberty interest in familial association and privacy that, absent extraordinary circumstances, cannot be violated without adequate predeprivation procedures
• concluding that it was clearly established law that government officials’ procurement of an ex parte order through distortion, misrepresentation and omission, in order to seize a child, is a violation of the Fourth Amendment
• explaining that “[o]fficials’ desire to circumvent an attorney’s attempt to negotiate protective conditions for an interview does not rise to the level of an extraordinary circumstance dangerous to the child”
• finding clearly established law that officers’ procurement of ex parte removal order via misrepresentation violated Fourth Amendment
• a parent has a liberty interest in familial association and privacy that—absent extraordinary circumstances—cannot be violated without adequate pre-deprivation procedures
• “[I]t is clearly established law that government official’s procurement through distortion, misrepresentation and omission of a court order to seize a child is a violation of the Fourth Amendment.”

Source: CourtListener parenthetical corpus (CC0).