Kathy Jo Taylor, a Minor, by and Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d.

TJOFLAT, Circuit Judge,

concurring in part and dissenting in part, in which RONEY, Chief Judge, and HILL, Circuit Judge, join:

The majority today holds that a state foster care caseworker, his immediate supervisor, and everyone else in the chain of supervision between the caseworker and the director of the state welfare department (including the director) can be held liable for physical injuries deliberately in*810flicted on a child by her foster parents. The majority bases its conclusion on two theories of liability. First, purporting to follow Doe v. New York City Dep’t of Social Servs., 649 F.2d…