Legal Opinion

Kiser v. Garrett

Court of Appeals for the Fifth Circuit

Decided October 20, 1995No. 94-11090PublishedCited by 38 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

This action arises out of a child being temporarily removed from his home during an investigation of possible child abuse; at issue is a summary judgment dismissing substantive and procedural due process claims, springing from a claimed liberty interest in living peaceably in a family, against several members of the Texas Department of Human Services (DHS). 1 Because the claimed constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. Therefore, we AFFIRM.

I

Before 7:00 a.m. on November 14,…

2Cases cited19 opinions

  1. Anderson v. CreightonSupreme Court of the United States · 1987
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Stanley v. IllinoisSupreme Court of the United States · 1972
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. Siegert v. GilleySupreme Court of the United States · 1991

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3Cited by38 opinions

  1. C.A. Brokaw v. Mercer County, James Brokaw, Weir BrokawCourt of Appeals for the Seventh Circuit · 2000
  2. Alex Pearson v. Anthony RamosCourt of Appeals for the Seventh Circuit · 2001
  3. Morris v. DearborneCourt of Appeals for the Fifth Circuit · 1999
  4. Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
  5. Wooley v. City of Baton RougeCourt of Appeals for the Fifth Circuit · 2000

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

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