Stacey Morrell, Individually and as Next Friend for Joshua Morrell, an Infant v. Philip Mock
Court of Appeals for the Seventh Circuit
1Opinion of the Court
WILLIAMS, Circuit Judge.
Three law enforcement officers, acting on directions from two assistant state’s attorneys, took Stacey Morrell’s child from her home in Illinois and gave the child to his putative father pursuant to an ex parte order issued by a New Mexico court. In this appeal we must decide if Morrell has stated a claim for deprivation, without due process, of a constitutionally protected liberty interest, and if so, whether the defendants are entitled to qualified immunity from suit. Although we hold that Mor-rell’s allegations are sufficient to state a constitutional claim, we…
2Cases cited43 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Anderson v. CreightonSupreme Court of the United States · 1987
- Santosky v. KramerSupreme Court of the United States · 1982
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Armstrong v. ManzoSupreme Court of the United States · 1965
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3Cited by27 opinions
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- Sarah Fitzpatrick Mandel v. Town of OrleansCourt of Appeals for the First Circuit · 2003
- In the Interest of DoeHawaii Supreme Court · 2002
- Arkansas Department of Human Services v. CoxSupreme Court of Arkansas · 2002
- John Terry, Individually and as the Natural Father and Next Friend of Jaidah Terry, a Minor v. Cherry RichardsonCourt of Appeals for the Seventh Circuit · 2003
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