Doe v. Hennepin County

858 F.2d 1325, 1988 WL 102202
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 6, 1988
DocketNo. 87-5401
StatusPublished
Cited by38 cases

This text of 858 F.2d 1325 (Doe v. Hennepin County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Hennepin County, 858 F.2d 1325, 1988 WL 102202 (8th Cir. 1988).

Opinions

JOHN R. GIBSON, Circuit Judge.

Stephen and Margaret Doe, individually and as the natural guardians of their children, appeal summary judgments entered by the district court1 in favor of Hennepin County, the City of Mound, Minnesota, and various agencies and individuals engaged in social work for several government bodies. In an action brought under 42 U.S.C. § 1983, the Does alleged a violation of their civil rights in the handling of a complaint following reports of sexual abuse of their children. The Does’ children were taken from their home for sixteen days and were returned after the allegations of abuse proved to be unfounded. The Does argue that this separation from their children, along with a failure to provide proper social services as mandated by statute, deprived them of their constitutional rights. The district court dismissed certain claims and entered summary judgment on the others, ruling that while statutes and regulations may have been violated, there was no deprivation of the Does’ constitutional rights and that many of the defendants were shielded by qualified immunity. On appeal the Does argue that there were genuine issues of material fact for trial and that they are entitled to a hearing on their claims. We affirm the judgment of the district court.

On December 7, 1982 the Hennepin County Child Protection Division received a call from Adrian Yackley informing them that the Does’ two children, ages two and five, were involved in sexually precocious behavior and that the father while under the influence of marijuana had engaged in sexual behavior involving one of the children.

Although Minnesota law required an immediate investigation and offer of protective services by the Child Care Protection Agency, the Agency did nothing until the informant called again on December 13. The Agency then reported the complaint to the city police department, which undertook an investigation on December 14. On December 17, the police visited the Does at their home to discuss the complaint. On December 20, Mrs. Doe called the Child Protection Agency and asked it to investigate the matter and provide social services. Instead of providing Mrs. Doe with the social services she requested, and without providing notice to the Does, the Agency prepared an emergency petition to remove the children from the home. On December 21, a Minnesota district court judge issued a warrant removing the Doe children from their parents’ home. That evening two city police officers and two sheriffs deputies went to the Doe home and removed the children. The juvenile court held a hearing the following day at which the Does were present and represented by counsel. The juvenile court continued the emergency order, keeping the children in agency custody-

On January 5, the Does were first visited by a county social worker, who concluded there was no reason to keep the children separated from their parents. On January 6, the Does settled the matter with the agency; the Does agreed to receive counseling by a court appointed psychologist and their children were returned to them.

[1327]*1327The Does brought this civil rights claim under 42 U.S.C. § 1983 and a conspiracy claim under 42 U.S.C. § 1985(3). In its first order, the district court dismissed the Does’ complaint as to Yackley, the informant, and dismissed the claim brought under section 1985(3). Doe v. Hennepin County, No. 4-84-115 (June 26, 1984) [available on WESTLAW, 1984 WL 29]. On July 1, 1987 the district court entered a summary judgment in favor of the Henne-pin County defendants. The district court held that the Does failed to identify any protectable liberty interests violated by these defendants. The court followed our decision in Myers v. Morris, 810 F.2d 1437 (8th Cir.1987), concluding that the government officials, having at least an arguable cause to believe that the Does were molesting their children, were entitled to qualified immunity and that neither MINN.STAT. ANN. § 626.5562 nor the regulations3 adopted by the state conferred constitutionally protected rights, as asserted by the Does. The district court found no evidence that the defendants acted willfully or with malice, and while in conducting their investigation the defendants erred in some matters such as not providing proper notice to the Does and in not acting quickly enough, the district court determined that these errors did not constitute constitutional violations. Doe v. Hennepin County, No. 4-84-115 (July 1, 1987).

Finally, the district court entertained a motion to reconsider filed by the Does as well as motions for summary judgment filed on behalf of the remaining defendants. The district court denied the motion for reconsideration, entered summary judgment on the federal claims against all parties, and dismissed state law claims for lack of jurisdiction. Doe v. Hennepin County, No. 8-84-115 (Aug. 13, 1987). In so doing, the district court pointed out the inconsistencies of the Does’ allegations. When the Does first brought the action they contended that the complaints against them were false and groundless, and that because of a failure to conduct a proper investigation, the children were improperly removed from their home. Then as the [1328]*1328litigation proceeded, and even before the Myers decision, the Does changed their emphasis to the county’s failure to fulfill its obligations to provide social services to them after receiving child abuse allegations.

The district court recognized that the city and county agencies had failed to follow MINN.STAT.ANN. § 626.556 and the related regulations by failing to: (1) immediately investigate the first report of sexual abuse within twenty-four hours, (2) offer the parents an opportunity to place the children voluntarily, and (3) offer protective services before removing the children. Again the district court, citing Myers, concluded that even though there had been a failure to comply with applicable state laws, the statutes and regulations were not the source of a liberty interest or property entitlement giving rise to a constitutional claim. Myers, 810 F.2d at 1469.

On appeal the Does argue that there were genuine issues of material fact which prevent entry of summary judgment. The Does first maintain that the defendants’ failure to comply with MINN.STAT.ANN. § 626.556 and related regulations before seeking to remove the Doe children from their parents’ custody denied them due process. Second, the Does claim that defendants actions of judicial deception at the emergency removal hearing deprive them of a protected liberty interest without procedural due process.

I.

The Does’ primary claim is that the district court erred in failing to find a deprivation of a liberty interest or property entitlement in the defendants’ failure to comply with MINN.STAT.ANN. § 626.556 and related regulations. First, the Does contend that county and city officials displayed an abuse of process by failing to follow the Minnesota statute, thereby violating their liberty interest in family unity.

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Cite This Page — Counsel Stack

Bluebook (online)
858 F.2d 1325, 1988 WL 102202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-hennepin-county-ca8-1988.