Doe Ex Rel. Johnson v. South Carolina Department of Social Services

I agree with the affirmance of the grant of summary judgment to Thompson on all federal claims.* Maj. Op. at 179. I agree also with the vacatur of summary judgment and remand on the state claim, with explicit permission for the district court to further remand those claims back to state court. Maj. Op. at 179.

State court is the place where claims such as these should be heard. We should not further constitutionalize this intensely domestic area of the law. Every tort committed in this country by some public actor *180was never meant to be a matter of constitutional import. See Paul v. Davis, 424…