B.S. Ex Rel. T.S. v. Somerset County

I agree with the majority that the May 5, 2006 meeting between Eller and Judge Cascio violated procedural due process, and that the County is liable for this violation. I also agree that caseworkers Eller and Barth are immune from liability on this issue. I write separately because I disagree with the majority on the type of immunity that should be extended to Eller and Barth, and because I differ on the scope of the procedural due process remand.

As to the June 23, 2006 ex parte meeting, I conclude that Eller violated procedural due process, and I would not grant her any immunity on this…