Hernandez v. Foster

Dist. Ct. erred in granting on grounds of qualified immunity defendants-DCFS officials’ motion for summary judgment in section 1983 action alleging that defendants denied plaintiffs-minor and his parents their due process rights when they took minor into protective custody and retained him after need for protective custody had ceased. Although defendants had probable cause to initially place minor in protective custody where minor suffered fractured arm and had unexplained older bruise near left eye while parents gave conflicting explanation for injured arm, plaintiffs presented sufficient evidence to defeat summary judgment on issue of minor’s continued placement in protective custody where defendants retained custody of minor after medical officials had ruled out child abuse as source of fractured arm. Plaintiffs also presented sufficient evidence to support claim that DCFS investigator had no legal authority to tell parents that they could not see minor or exercise other parental rights unless they agreed to sign safety plan.