Legal Opinion
Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne Trahan
Court of Appeals for the Fifth Circuit
Decided December 21, 1987No. 86-4762PublishedCited by 49 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
This appeal requires us to determine whether Louisiana child protection workers are entitled to absolute rather than quali fied immunity for their conduct in filing an allegedly false verified complaint seeking the removal of two children from the custody of their parents. Given the function of a verified complaint under Louisiana law, we conclude that such workers are entitled to only qualified immunity from a 42 U.S.C. § 1983 suit for damages.
I
The defendants in this case, Ronald Borel and Janenne Trahan, are child protection welfare workers with the Louisiana…
2Cases cited44 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
39 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
- Sylvia Ernst, in No. 93-1929 v. Child and Youth Services of Chester County Carol Schravazande Arden Olson Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Schravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, in No. 93-1930. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Shravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., (Amended as Per the Court's 5/31/96 Order)Court of Appeals for the Third Circuit · 1997
- Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
- Babcock v. StateWashington Supreme Court · 1991
- Larry and Karen Spielman v. Sara C. Hildebrand and Don MadsenCourt of Appeals for the Tenth Circuit · 1989
44 more not listed; retrieve them via the Exa API.