Sebesta v. Davis

Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff’s section 1983 action alleging that defendants violated plaintiff’s right to direct upbringing of her infant child, where, upon birth of her child, defendants-various hospital and DCFS officials referred plaintiff to DCFS, then made “indicated” finding that plaintiff posed substantial risk of physical injury to her child, and then pressured plaintiff to accept certain in-home services offered by DCFS. Plaintiff could not bring section 1983 action against University of Illinois Bd. of Trustees in charge of hospital, since University is arm of State, which is not among “persons” covered under section 1983. Moreover, hospital social worker who referred plaintiff to DCFS had immunity under Illinois ANCRA statute, 325 ILCS 5/9, with respect to plaintiff’s state claims against her. Moreover, plaintiff’s claims that social worker did not have reasonable concern of neglect did not amount to required accusation that social worker had malicious or dishonest intent in making referral. Also, social worker made good faith referral, where record showed that plaintiff had lack of support system, had discordant relationship with her mother who lived with plaintiff and had recent psychiatric hospitalization. Also, remaining defendants were entitled to qualified immunity due to plaintiff’s failure to identify case law that would have indicated that defendants’ intervention into plaintiff’s child-care was unlawful.