finding that child protective services caseworker was not entitled to summary judgment or qualified immunity for making alleged misrepresentations in affidavit used to procure a warrant for search of parent’s home
How later courts described this case
- finding that child protective services caseworker was not entitled to summary judgment or qualified immunity for making alleged misrepresentations in affidavit used to procure a warrant for search of parent’s home
- noting that “any interference with family integrity must be in accord with procedural and substantive due process guarantees”
- noting that “[m]unicipalities are not liable under [§ ]1983 for the actions of their employees based on respondeat superior; municipalities are liable only if the violation of individual rights results from the government’s policy or custom”
- explaining that courts correct errors in an affidavit to determine if probable cause still exists
Written by the judges who cited it.
The opinion
Chief Judge JACOBS dissents in an opinion joined by Judges CABRANES, RAGGI, WESLEY, and LIVINGSTON.
ORDER
Following disposition of this appeal on February 2, 2012, and prior to the amended disposition on May 14, 2012, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.