Xiong v. Wagner

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 12-1737
Decision Date: 
October 19, 2012
Federal District: 
E.D. Wisc.
Dist Ct. did not err in granting defendants-Human Services caseworkers’ motion for summary judgment in section 1983 action alleging that defendants’ removal of plaintiffs’ disabled son from his home and subsequent placements of son in foster homes due to child abuse allegations deprived plaintiffs of their civil rights. Defendants were entitled to qualified immunity where defendants were aware of allegations of physical abuse from school reports and reports from son and son’s siblings and were aware that plaintiffs had left son home alone on several occasions. Moreover, reasonable caseworker could rely on probable cause finding made by trial court after seizure to justify continued placement of son into foster homes. Also, although son incurred certain accidental injuries while placed in foster homes, plaintiffs failed to establish violation of son’s right to bodily security where record failed to contain any evidence that defendants had actual knowledge of any risk of harm to son caused by said placement.