Siliven v. Ind. Dept. of Child Services

Dist. Ct. did not err in granting defendants-state caseworkers’ motion for summary judgment after finding that defendants were entitled to qualified immunity in section 1983 action alleging that defendants violated plaintiffs-parents’ constitutional rights by removing plaintiffs’ son from their home for weekend after defendants received report of child abuse from plaintiffs. Defendants had probable cause to temporarily remove child from plaintiffs’ home where plaintiff-father had prior substantiated report of child abuse with different child, and where defendant had medical report indicating that child’s bruises were consistent with forcible grabbing by adult. Fact that one defendant-case worker did not believe that child was in imminent danger was irrelevant where reasonable caseworker could have concluded that child was in imminent danger.