Hodge ex rel. Hodge v. Jones

31 F.3d 157
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 19, 1994
DocketNo. 93-1182
StatusPublished
Cited by3 cases

This text of 31 F.3d 157 (Hodge ex rel. Hodge v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodge ex rel. Hodge v. Jones, 31 F.3d 157 (4th Cir. 1994).

Opinions

Vacated in part, reversed in part, and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER concurred. Justice POWELL wrote a separate opinion concurring in the judgment.

OPINION

WILLIAMS, Circuit Judge:

We are presented with the question of the applicability of a qualified immunity affirmative defense in the context of a 42 U.S.C. § 1983 (1988), action challenging the constitutionality of Maryland’s maintenance of records pertaining to suspected child abuse investigations after the alleged abusive parents have been cleared of the charges by the Department of Social Services. After finding that this practice violated Plaintiffs’ substantive due process right of familial privacy and procedural due process rights, the district court denied the Defendant state officials’ assertion of a qualified immunity defense and granted interlocutory summary judgment to the Plaintiff-parents on the issue of liability. We reverse, holding that, because Defendants’ actions violated no clearly established federal constitutional or statutory right, the district court erroneously found for Plaintiffs on the issue of liability and denied Defendants the benefit of qualified immunity, 812 F.Supp. 593.

I.

A.

On January 20, 1989, David and Marsha Hodge took their three-month-old son Joseph to the Carroll County General Hospital in Westminster, Maryland, for examination and treatment of the child’s swollen right arm. The examining physician diagnosed a fractured ulna “ “without adequate historical explanation’ ” and, pursuant to state law, Md. Fam.Law Code Ann. § 5-704(a) (1991 Repl. Vol.), contacted the Carroll County Department of Social Services (CCDSS) to report suspected child abuse. (J.A. at 15.) An investigation was initiated the next day by a Child Protective Services (CPS) caseworker and a Maryland State police officer, which ultimately yielded no evidence of abuse. The caseworker filed a report with the CCDSS [161]*161classifying the case as “unsubstantiated” and “ruled out.”1 (J.A. at 15.)

Within a week of the incident, the Hodges took Joseph to two medical specialists for further examination. The specialists diagnosed the swelling as osteomyelitis, a bacterial bone infection, and performed the necessary corrective surgery. Five days after the caseworker closed his investigation, Marsha Hodge called CCDSS with news of the corrected diagnosis. On February 16, 1989, David Hodge wrote CCDSS, again informing them of the misdiagnosis and requesting a copy of any CCDSS ease file on the incident. In March 1989, Defendant Alan L. Katz, Assistant Director of CCDSS, replied by letter that “[t]he Department’s report reflects that suspected child abuse was ruled out and unsubstantiated,” and attached a redacted copy of the case file. (J.A. at 16.)

Between February 1989 and May 1990, the Hodges engaged in a campaign of communications with Katz and other CCDSS officials and Maryland Department of Human Resources (MDHR)2 Director Carolyn Colvin requesting, among other things, the full report and the destruction or expunction of any CCDSS file or document regarding the Hodge investigation. Each request was refused under Maryland’s statutory bar against disclosure of confidential materials, pursuant to Md.Ann.Code art. 88A, § 5 (1991 Repl. Vol.) and Md.Regs.Code 07.01.07, and CCDSS’s purported inability to expunge the file until 1994.3 CCDSS maintained the Hodge investigation report up to and beyond the filing date of the instant action. CCDSS also registered the names David, Marsha, and Joseph Hodge in MDHR’s Automated Master File (AMF), a computerized database containing a record of every Maryland citizen who has received any services, ranging from food stamps to child protective services, from a local Department of Social Services office. The AMF information pertaining to the Hodges is alphanumerically coded and shielded by state and federal law from disclosure to the general public.4 Md.Ann.Code art. [162]*16288A, § 6 (1991 RepLVol. & 1993 Cum.Supp.); Md.Regs.Code 07.01.02, 07.02.07.

B.

Continued refusals to disclose and expunge the investigation report prompted David and Marsha Hodge, individually and as parents and next friends of Joseph Hodge,5 to file this action against CCDSS, its Director M. Alexander Jones, Assistant Director Katz, and MDHR Secretary Colvin. The Hodges claimed that, contrary to the protections of the Due Process Clause of the Fourteenth Amendment, maintenance of a record of “unsubstantiated” and “ruled out” child abuse violated their liberty interest in familial privacy, and that failure to provide notice and a hearing before maintaining that record violated .their procedural due process rights.

Finding that Defendants maintained the Hodge investigation report without legitimate justification and entered the related entries into the AMF without a legitimate state interest or the procedural protections of § 5-715, the district court granted the Hodges’ motion for interlocutory summary judgment on the issue of liability. Hodge, 812 F.Supp. at 608-09. The court rejected Defendants’ proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards of§ 5-715 were clearly established at the time of Defendants’ acts. Id. at 607-08. Defendants have properly invoked the “collateral order” doctrine in appealing the denial of their qualified immunity defense. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817-18, 86 L.Ed.2d 411 (1985).

II.

Qualified immunity “is an accommodation by the courts to the ‘conflicting concerns’ of, on one hand, government officials seeking freedom from personal monetary liability and harassing litigation and, on the other hand, injured persons seeking redress for the abuse of official power.” Hodorowski v. Ray, 844 F.2d 1210, 1216 (5th Cir.1988) (quoting Anderson v. Creighton, 483 U.S. 635, 638, 107 S.Ct. 3034, 3038, 97 L.Ed.2d 523 (1987)). As such, “whether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson, 483 U.S. at 639, 107 S.Ct. at 3038 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818-19, 102 S.Ct. 2727, 2738-39, 73 L.Ed.2d 396 (1982)). We have previously held that individuals involved in the investigation of child abuse may properly assert qualified immunity in appropriate situations. Wildauer v. Frederick County, 993 F.2d 369, 373 (4th Cir.1993); see also Achterhof v. Selvaggio, 886 F.2d 826, 829-30 (6th Cir.1989) (the entry of an individual’s name in a central registry as a child abuse suspect is an administrative act for which qualified immunity may be asserted).

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