John Hodorowski and Jeraldine Hodorowski v. Ann Ray, Mary Ellen Burns and Texas Department of Human Resources, Defendants

THORNBERRY, Circuit Judge:

The question presented by this appeal is whether and to what extent Texas child protective service workers are immune from liability under 42 U.S.C. § 1983 for their decision to remove children from the home of their parents without a prior court order. The district court held that the workers could claim neither absolute nor qualified immunity. We reverse, holding that the workers may claim qualified, but not absolute, immunity.

I

The following facts are not in dispute. On Thursday, November 4, 1982, at 4:15 p.m., an anonymous informant told the Texas Department of…