· 8/1/2002
Suboh v. District Attorney's Office
Citations
- 298 F.3d 81
- 2002 U.S. App. LEXIS 15415
- 2002 WL 1751431
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that “[w]hatever the exact contours of the right [in question], this case falls well within the area of clarity”
- finding that a constitutional right was clearly established even though the court was unable to find a case “exactly on all fours” with the facts of the case before it
- holding that “[a]rticulating the right as one of ‘familial integrity’ casts too broad a net. The inquiry into whether a right is clearly established ‘must be undertaken in light of the specific context of the case, not as a broad general proposition’ ”
- applying a fact-based balancing test to determine the viability of alleged infringements of the right to “familial integrity,” protected by the Fourteenth Amendment’s Due Process Clause, in a child-custody dispute
- collecting cases supporting proposition that a child has a “liberty interest in being in the care and custody of her parents”
- second prong does not require that there have been another case “exactly on all fours with the facts of this case”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Lynch, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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