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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Civil Rights: Child Abuse Investigation-Unconstitutional Policy or Custom-Qualified Immunity

Civil Rights: Child Abuse Investigation-Unconstitutional Policy or Custom-Qualified Immunity

Plaintiffs appealed the dismissal and adverse grant of summary judgment on their claims against defendants. Plaintiffs’ foster child told a school nurse that plaintiffs had hit him. Although the allegations were found to be unfounded following investigation, plaintiffs filed suit against a wide range of state officials. The district court first dismissed the claims against state officials in their official capacity and state agencies. The district court finally granted summary judgment on plaintiffs’ remaining individual capacity claims, ruling that officials had reasonable suspicion to believe that abuse had occurred and thus were shielded by qualified immunity.

The court affirmed the dismissal of plaintiffs’ claims for the reasons expressed by the district court.

Judgment is affirmed.

Smith v. Hutchinson (MLW No. 79519/Case No. 21-2904 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Marshall, J.


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