Legal Opinion

Vania Minor, Individually and as Mother, Natural Guardian and Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually and Cleo Hester, Individually

Supreme Court of Iowa

Decided June 15, 2012No. 09–1010PublishedCited by 47 opinions

1Opinion of the Court

WIGGINS, Justice.

The State filed a child in need of assistance (CINA) petition. The juvenile court issued a temporary removal order, removing the child from her mother’s custody and placing her in foster care. After the CINA proceeding was dismissed, the mother sued the State of Iowa and two employees of the Iowa Department of Human Services (DHS), under 42 U.S.C. § 1983 (2000) and Iowa Code chapter 669 (2005), the Iowa Tort Claims Act (ITCA), alleging the DHS social workers wrongfully removed the child from her custody and negligently failed to protect the child from abuse by a foster…

2Cases cited62 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Imbler v. PachtmanSupreme Court of the United States · 1976

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3Cited by47 opinions

  1. Dale Boelman and Nancy Boelman v. Grinnell Mutual Reinsurance CompanySupreme Court of Iowa · 2013
  2. Dennis L. Smith v. Iowa State University of Science and Technology and State of IowaSupreme Court of Iowa · 2014
  3. John Baker and Valerie Baker v. City of Iowa City, Iowa and Iowa City Human Rights CommissionSupreme Court of Iowa · 2015
  4. Joshua Venckus v. City of Iowa CitySupreme Court of Iowa · 2019
  5. Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police DepartmentSupreme Court of Iowa · 2018

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