Ault v. Speicher

Dist. Ct. did not err in finding that defendant-DCFS case worker was entitled to qualified immunity in section 1983 action alleging that defendant violated plaintiff's right to familial association concerning care and upbringing of plaintiff's children by placing said children with plaintiff's parents and requiring that plaintiff have only supervised visits with her children. While plaintiff argued that defendant's action violated state law and internal DCFS procedures, said violations did not demonstrate violation of clearly established constitutional due process right where plaintiff was still in relationship with boyfriend who had been accused of abusing one of plaintiff's four children, and where plaintiff had voluntarily agreed to placement of her children with her parents on two prior occasions. Fact that defendant may have violated DCFS regulations did not, by itself, demonstrate violation of clearly established constitutional right so as to defeat defendant's claim of qualified immunity.