Legal Opinion

Van Emrik v. Chemung County Department of Social Services

Court of Appeals for the Second Circuit

Decided August 13, 1990No. 806, Docket 89-9005PublishedCited by 13 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge:

This appeal concerns the defense of qualified immunity in the context of state interference with parental custody rights. Connie and Richard van Emrik appeal from the September 6, 1989, judgment of the District Court for the Western District of New York (David G. Larimer, Judge) dismissing, on motion for summary judgment, their suit against the Chemung County Department of Social Services (“the Department”) and two child protective caseworkers. We agree with Judge Larimer that no facts were shown creating any issue as to the County’s liability and that the…

2Cases cited15 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  4. Rochin v. CaliforniaSupreme Court of the United States · 1952
  5. Wisconsin v. YoderSupreme Court of the United States · 1972

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Tenenbaum v. WilliamsCourt of Appeals for the Second Circuit · 1999
  2. Kia P. v. McIntyreCourt of Appeals for the Second Circuit · 2000
  3. N.G. And S.G., as Parents and Next Friends of S.C., a Minor Child v. State of ConnecticutCourt of Appeals for the Second Circuit · 2004
  4. United States v. Michael Jason BartramCourt of Appeals for the Fourth Circuit · 2005
  5. Dietz v. DamasDistrict Court, E.D. New York · 1996

8 more not listed; retrieve them via the Exa API.

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