Legal Opinion

Barbara Marks v. Wanda Hudson

Court of Appeals for the Fifth Circuit

Decided August 8, 2019No. 18-20486PublishedCited by 35 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

A mother and her three minor children sued two employees of the state's child protective services agency. They claimed a violation of the constitution stemming from the defendants' taking of the three children from their mother's custody under a temporary removal order. The district court denied the defendants' motion to dismiss the claims based on qualified immunity. The defendants brought an interlocutory appeal. We conclude the defendants were entitled to qualified immunity because there was no constitutional violation. We REVERSE and REMAND in order to…

2Cases cited21 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. Franks v. DelawareSupreme Court of the United States · 1978
  4. Santosky v. KramerSupreme Court of the United States · 1982
  5. Stanley v. IllinoisSupreme Court of the United States · 1972

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3Cited by35 opinions

  1. Katie Joseph v. John DoeCourt of Appeals for the Fifth Circuit · 2020
  2. Roque v. HarvelCourt of Appeals for the Fifth Circuit · 2021
  3. Henderson v. Harris CountyCourt of Appeals for the Fifth Circuit · 2022
  4. McClelland v. Katy Indep Sch DistCourt of Appeals for the Fifth Circuit · 2023
  5. Salazar v. MolinaCourt of Appeals for the Fifth Circuit · 2022

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

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