Milchtein v. Milwaukee County

Dist. Ct. did not err in dismissing for failure to state valid claim plaintiffs-parents’ section 1983 action, alleging that defendants-various state and county officials, children’s hospital, and children’s home, violated their rights to familial integrity, free exercise of religion and due process of law by removing two children from their home and placing them in other residential settings that hindered their ability to raise them in accordance with their Orthodox Jewish faith. Dist. Ct. dismissed certain claims with respect to one child because they accrued prior to applicable six-year limitation period. With respect to other child, plaintiffs, who sued child’s guardian and social worker, only alleged that said individuals authorized release of child’s medical records and approved child’s stay at youth shelter, which did not serve to deprive plaintiffs of their right to familiar integrity or free exercise of religion. Also, social worker was entitled to absolute immunity when she sought successful court order for intervention in child’s case that led to placement of child outside plaintiff’s home. Too, plaintiffs could not proceed against defendants-County or child welfare agency, where plaintiffs failed to establish existence of either express policy or unwritten practice that could subject either entity to liability under Monell.