· 4/24/1990
Opinion No. Oag 15-90, (1990)
Citations
- 79 Op. Att'y Gen. 89
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the state is not a \person\ that can be sued under 42 U.S.C § 1983
- stating that Heck “established that unreasonable child-abuse investigations can violate the right to familial relations”
- finding that case that was decided four months after events in question could not clearly establish any rights for the purposes of qualified immunity
- explaining that reasonable suspicion, and not probable cause, is the standard for evaluating the constitu- tionality of child welfare investigations impinging on the right to familial integrity under the Fourteenth Amendment Due Process Clause
- reaching the merits rather than resting on forfeiture, even though the plaintiff never addressed the defendants’ qualified immunity defense in the district court
- reaching the merits rather than resting on forfeiture, even though the plaintiff never addressed the defendants’ qualified immunity defense in the district court
Source: CourtListener parenthetical corpus (CC0).
Judges: DONALD J. HANAWAY, Attorney General
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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