Opinion

Omar Ex Rel. Cannon v. Lindsey

  • 334 F.3d 1246
  • 2003 U.S. App. LEXIS 12976
  • 2003 WL 21480389
Court
Court of Appeals for the Eleventh Circuit
Filed
Jun 26, 2003
Status
Published
On the bench
Dubina, Marcus, Fay
Cited by
127 cases
Authority
More cited than 94.7%

affirming the district court’s denial of a motion to dismiss and its rejection of defendants’ argument that in a qualified immunity context, defendants had to be on notice that it was constitutionally wrongful to allow a foster mother specifically to, inter alia, whip and starve a child, rather than bludgeon the child as in Taylor, 818 F.2d at 792

How later courts described this case

  • affirming the district court’s denial of a motion to dismiss and its rejection of defendants’ argument that in a qualified immunity context, defendants had to be on notice that it was constitutionally wrongful to allow a foster mother specifically to, inter alia, whip and starve a child, rather than bludgeon the child as in Taylor, 818 F.2d at 792
  • explaining that at the pleading stage, factual ambiguities in the complaint must be construed in favor of the plaintiff
  • stating that “it is proper to grant a Rule 12(b)(6) motion if noncompliance with the statute of limitations is apparent on the face of the complaint”
  • holding that foster children have a clearly established fourteenth amendment liberty interest in physical safety

Written by the judges who cited it.

The opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

June 26, 2003

________________________ THOMAS K. KAHN

CLERK

No. 03-10594

Non-Argument Calendar

________________________

D. C. Docket No. 02-01063-CV-ORL-19

OMAR, by and through his next

friend, Kevin Cannon,

Plaintiff-Appellee,

versus

JOAN LINDSEY,

GLORIA BABCOCK, et al.,

Defendants-Appellants.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(June 26, 2003)

Before DUBINA, MARCUS and FAY, Circuit Judges.

PER CURIAM:

This is an interlocutory appeal from the denial of a motion to dismiss on the

grounds of qualified immunity. The suit is filed on behalf of a child removed from

his mother by personnel of the Florida Department of Children and Families. The

complaint alleges constitutional violations under 42 U.S.C. § 1983 against these

individuals. The gravamen of the allegations is that these individuals knowingly

and deliberately ignored the physical, mental and emotional harm being caused

this child by the intentional infliction of known cruel and unusual punishment that

shocks the conscience of any reasonable person.

The ruling of the district court denying the motion to dismiss is affirmed for

the reasons set forth in its ORDER of January 14, 2003 which is attached as an

appendix.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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