# Omar Ex Rel. Cannon v. Lindsey

> Court of Appeals for the Eleventh Circuit · June 26, 2003 · 334 F.3d 1246

URL: https://www.frixlaw.com/law-library/cases/76204

## Case

- **Full name:** OMAR, by and Through His Next Friend, Kevin CANNON, Plaintiff-Appellee, v. Joan LINDSEY, Gloria Babcock, Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** June 26, 2003
- **Citations:** 334 F.3d 1246; 2003 U.S. App. LEXIS 12976; 2003 WL 21480389
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Dubina, Marcus, Fay
- **Cited by:** 127 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/76204

## How later opinions describe it (automated extraction)

- 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 star…
- 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
- concluding that resolving the statute of limitations issue at the motion to dismiss stage “would be premature”

## Opinion text

[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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/76204. Public record. Not legal advice.