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· 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

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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.