Weatherford Ex Rel. Michael L. v. State

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case requires us to determine whether and under what circumstances a child placed in a foster care facility may bring an action based upon 42 U.S.C. § 1983 (2003) against individual state workers for violating the foster child’s substantive due process rights under the United States Constitution. We exercise jurisdiction pursuant to Article VI, Section 5.3 of the Arizona Constitution, Arizona Revised Statutes (A.R.S.) § 12-120.24 (2003), and Rule 23 of the Arizona Rules of Civil Appellate Procedure.

I

A

¶2 This case arises out of the alleged sexual…