Plaintiffs filed a lawsuit against employees of the Department of Child Services and a consulting physician under 42 U.S.C. § 1983 and alleging violations of their Fourth and Fourteenth Amendment rights in connection with lengthy child abuse and custody proceedings. The trial court denied the defendants’ motions for summary judgment by finding there existed unresolved factual disputes precluding their requests for qualified immunity. The Seventh Circuit reversed and remanded, finding that under qualified immunity law the defendants were immune on all of plaintiffs’ claims and noting that the law of qualified immunity exists to give “breathing room” for officials to make reasonable judgments, even if they are ultimately incorrect. (ELLIS and COBBS, concurring)
Federal 7th Circuit Court
Civil Court
Qualified Immunity