Kathy Jo Taylor, a Minor, by and Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d.

HATCHETT, Circuit Judge:

We took this case en banc to determine whether and under what circumstances, if any, a child involuntarily placed in a foster home may successfully bring an action in federal court against the state officials involved in the placement, for injuries sustained while in the foster home. Finding that a child may successfully bring such an action, we affirm in part and reverse in part.

Facts

In 1982, pursuant to an order of the Gwinnett County Juvenile Court, the child who was the plaintiff in the district court, and who is the appellant here, was taken from the custody of…