John Hodorowski and Jeraldine Hodorowski v. Ann Ray, Mary Ellen Burns and Texas Department of Human Resources, Defendants

844 F.2d 1210
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 14, 1988
Docket87-1696
StatusPublished
Cited by103 cases

This text of 844 F.2d 1210 (John Hodorowski and Jeraldine Hodorowski v. Ann Ray, Mary Ellen Burns and Texas Department of Human Resources, Defendants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Hodorowski and Jeraldine Hodorowski v. Ann Ray, Mary Ellen Burns and Texas Department of Human Resources, Defendants, 844 F.2d 1210 (5th Cir. 1988).

Opinion

THORNBERRY, Circuit Judge:

The question presented by this appeal is whether and to what extent Texas child protective service workers are immune from liability under 42 U.S.C. § 1983 for their decision to remove children from the home of their parents without a prior court order. The district court held that the workers could claim neither absolute nor qualified immunity. We reverse, holding that the workers may claim qualified, but not absolute, immunity.

*1212 I.

The following facts are not in dispute. On Thursday, November 4, 1982, at 4:15 p.m., an anonymous informant told the Texas Department of Human Services (TDHS) that John Hodorowski was chasing his two seven-year-old daughters with a chain in the front yard of their Amarillo, Texas home. The TDHS classified the information as a “type II complaint,” not requiring immediate response. As a result, nothing was done until 9:00 a.m. the next day, when two TDHS investigators arrived at the Ho-dorowski home to investigate the complaint. The two children, who were alone, let in the investigators. The investigators saw bruises on exposed parts of one child’s body, and one child told them that there were more severe bruises. Nevertheless, an investigator conceded that neither child showed an obvious need of emergency medical care. The investigators took the children to the TDHS offices, where their bruises were photographed. Later in the morning, another TDHS worker took the children to the hospital, where a doctor examined them and a policeman photographed more bruises. John Hodorowski now admits that he caused the children’s bruises.

The TDHS workers never obtained a court order authorizing the removal of the Hodorowski children. The TDHS says that it attempted to obtain an emergency ex parte court order under Tex.Fam.Code Ann. § 17.02 on Friday, the day it took possession of the children, but claims that the court could not schedule a hearing. The children consequently remained in the possession of the TDHS without court order until Monday, November 8, when the TDHS filed a Suit Affecting the Parent-Child Relationship. Tex.Fam.Code.Ann. § 17.03(b). After a court hearing that day, the parties agreed that the children would return home, but that for thirty days the TDHS would be Managing Conservator of the children and the parents would obtain counseling and refrain from corporal punishment.

The Hodorowskis, individually and as next friends and parents of their children, filed this suit against several TDHS officials, the informant, several City of Amarillo officials, the Amarillo Police Department, and the Amarillo Hospital District. They asserted claims under 42 U.S.C. § 1983 and related statutes for interference with family integrity in violation of the fourteenth amendment. All defendants filed motions to dismiss based on a stipulated statement of facts. The motion of appellants Ray and Burns, the TDHS workers, asserted the defenses of absolute and qualified immunity. The district court in a written order granted the other defendants’ motions, but denied the motion of Ray and Burns. Ray and Burns immediately brought this appeal pursuant to Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985) (holding that a denial of a claim of qualified immunity is an ap-pealable “final decision”). The district court has stayed proceedings during the pendency of this appeal.

II.

Although 42 U.S.C. § 1983 ostensibly imposes liability on “every person” who, under color of state law, deprives another of a constitutional right, the courts have long recognized that certain individuals, as a consequence of their function, merit absolute immunity to section 1983 for actions within the scope of that function. See, e.g., Tenney v. Brandhove, 341 U.S. 367, 71 S.Ct. 783, 95 L.Ed. 1019 (1951) (state legislators); Pierson v. Ray, 386 U.S. 547, 554-55, 87 S.Ct. 1213, 1218, 18 L.Ed.2d 288 (1967) (judges); Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (prosecutors); Nixon v. Fitzgerald, 457 U.S. 731, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982) (the President); Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (witnesses). Absolute immunity is much broader than the more common qualified immunity. “Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known. Absolute immunity, in contrast, precludes any action for damages, so long as the challenged conduct falls within *1213 the scope of the immunity.” Austin v. Borel, 830 F.2d 1356, 1358 (5th Cir.1987) (footnote omitted). If applied in this case, therefore, absolute immunity would preclude section 1983 liability even if the TDHS workers knew or should have known that they were violating the children’s rights when they took possession of the children.

The Supreme Court’s inquiry in the absolute immunity cases “was predicated upon a considered inquiry into the immunity historically accorded the relevant official at common law and the interests behind it.” Imbler, 424 U.S. at 421, 96 S.Ct. at 990. The reason for this historical inquiry was the Court’s desire to read section 1983 “in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Id. at 418; 96 S.Ct. at 989. Prosecutors, for example, were absolutely immune from tort liability at common law. See id. at 421-22, 96 S.Ct. at 990-91. The reasons for that common-law immunity “include concern that harassment by unfounded litigation would cause a deflection of the prosecutor’s energies from his public duties, and the possibility that he would shade his decisions instead of exercising the independence of judgment required by his public trust.” Id. at 423, 96 S.Ct. at 991. Because the Court thought that exposure to section 1983 liability raised the same concerns for prosecutors as exposure to common-law tort liability, it held that, “in initiating a prosecution and in presenting the State’s case, the prosecutor is immune from a civil suit for damages under § 1983.” Id. at 431, 96 S.Ct. at 995.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. Preciado
N.D. Mississippi, 2025
Bissell v. Mata
W.D. Texas, 2025
Pierce v. Wilner
N.D. Illinois, 2023
Jennings v. Abbott
N.D. Texas, 2021
James v. Smith
S.D. Texas, 2020
Christina Romero v. Amanda Brown
937 F.3d 514 (Fifth Circuit, 2019)
Barbara Marks v. Wanda Hudson
933 F.3d 481 (Fifth Circuit, 2019)
Doe v. Dallas Independent School District
194 F. Supp. 3d 551 (N.D. Texas, 2016)
Duffie v. Wichita County
990 F. Supp. 2d 695 (N.D. Texas, 2013)
Resa Latiolais v. Bradley Griffith
484 F. App'x 983 (Fifth Circuit, 2012)
Rolen v. City Brownfield TX
182 F. App'x 362 (Fifth Circuit, 2006)
Petcu v. State
86 P.3d 1234 (Court of Appeals of Washington, 2004)
Murray v. Town of Mansura
76 F. App'x 547 (Fifth Circuit, 2003)
Roe v. TX Dept Protc & Regu
Fifth Circuit, 2002
Suboh v. City of Revere, Mass.
141 F. Supp. 2d 124 (D. Massachusetts, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
844 F.2d 1210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-hodorowski-and-jeraldine-hodorowski-v-ann-ray-mary-ellen-burns-and-ca5-1988.