Vosburg v. Department of Social Services

884 F.2d 133, 1989 WL 99105
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 29, 1989
DocketNo. 88-2632
StatusPublished
Cited by2 cases

This text of 884 F.2d 133 (Vosburg v. Department of Social Services) 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
Vosburg v. Department of Social Services, 884 F.2d 133, 1989 WL 99105 (4th Cir. 1989).

Opinion

ERVIN, Chief Judge:

Gloria Vosburg appeals from the district court’s grant of summary judgment against her on the § 1983 action she [134]*134brought on behalf of her daughter, Eva Vosburg, and herself against the Virginia Department of Social Services and four state social workers. Finding that the state social workers are absolutely immune from liability arising from their role in filing a removal petition, we affirm the decision of the district court.

I.

The circumstances which gave rise to the instant lawsuit arose out of a dispute concerning the visitation rights of Eva’s father. As a result of Ms. Vosburg’s violation of several court orders entered with respect to that dispute, defendant-appellee Christina Robertson, an employee of the Amherst County, Virginia Department of Social Services (“DSS”), filed a petition for a Preliminary Removal Order. This petition was filed in the juvenile court of Amherst County pursuant to Virginia Code § 16.1-252.1 Specifically, the social workers’ decision to file the removal petition resulted from the following actions of Ms. Vosburg: (1) her refusal to cooperate with the social workers to provide visitation with Eva’s father, despite a court order to do so; (2) her taking Eva out of the jurisdiction on December 3, 1987, and failing to keep the social workers informed of the child’s location; (3) her failure to appear at a December 21,1987 hearing, in violation of another court order. In the removal petition the social workers alleged that Ms. Vosburg lacked “child management skills,” and that she was refusing to cooperate with them. In their depositions the workers testified that they never believed Eva was in “imminent danger” of any kind, and that they do not believe Ms. Vosburg is an “unfit parent.”

At a hearing held the same day that the petition was filed, the juvenile court entered the Preliminary Removal Order authorizing the appropriate law enforcement agency to seize the child and turn her over to the Amherst County Department of Social Services.

On January 4, 1988, Eva was removed from a relative’s home by an officer of the Manassas City Police Department and custody was transferred to DSS. A hearing was held January 6, at which time appellant requested and received a continuance so she could retain her own attorney.

Also on January 6, the child was placed in foscer care and the mother was permitted one hour of visitation per week at the DSS office. During the first mother-child meeting, defendant Billie Jo Powell, who was supervising the visit, heard Ms. Vos-burg ask Eva, “Did anybody hurt you?” Fearing that this line of questioning might upset the child, Powell asked appellant not to pursue the issue. Later on, in response to Eva’s request to go home with her mother, Ms. Vosburg told her daughter, “These mean people won’t let you!” Powell cautioned plaintiff against making statements which would tend to upset or alarm Eva, while at the same time reassuring appellant that these guidelines did not mean she could not ask her daughter how she was. On February 26, 1988 the mother’s visitation was temporarily suspended because Ms. Vosburg was continuing to make remarks that the social workers felt were upsetting Eva.

[135]*135Ms. Vosburg regained physical custody of her child on May 8, 1988 in accordance with a consent order dated February 17, 1988 which provided that custody be returned to plaintiff when indicated by the DSS approved counselor.

After regaining custody of Eva, Ms. Vos-burg filed the current § 1983 action on behalf of Eva and herself in the United States District Court for the Eastern District of Virginia. The suit named as defendants the Amherst County Department of Social Services, and social workers Robertson, Powell, Russell and Burks. Ms. Vos-burg alleged that by acting to remove Eva from her custody, the defendants violated her constitutional rights to parental autonomy, to free association with her child, and to free speech. She also alleged that the conduct in question constituted false imprisonment of Eva, in violation of the child’s fourth amendment rights.

The district court granted summary judgment in favor of the social workers and the DSS after finding that the workers were absolutely immune from liability resulting from their conduct in preparing and filing the removal petition, as well as their conduct in caring for Eva once the court had awarded custody of the child to DSS. Judge Hilton reasoned that in filing the petition, the social workers were functioning as prosecutors, and that under the Supreme Court’s decisions in Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), and Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978), they were entitled to absolute prose-cutorial immunity. The district court also held that once Eva was in the custody of DSS pursuant to the removal order, the appellees were acting as officers of the court, and were entitled to absolute quasi-judicial immunity for their supervision of the child.

II.

The Vosburgs contest only that part of the district court’s decision that found the social workers absolutely immune with respect to their conduct in preparing and filing the removal petition.2 They argue that the function of a social worker in this situation is more analogous to that of a police officer than that of a prosecutor. Therefore, they claim, under the Supreme Court’s decision in Malley v. Briggs, 475 U.S. 335, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986), the appellees are entitled to only a qualified, good faith immunity.

We find, however, that in filing the Removal Petition the social workers were acting in a prosecutorial, rather than an investigative or “policing” capacity. Under Im-bler and Butz, therefore, these state agents must be afforded absolute immunity from any liability arising from this conduct.

Imbler held that prosecutors are absolutely immune from § 1983 actions for conduct occurring within the scope of their duties in initiating and pursuing a criminal prosecution. In making this determination the court first reviewed the considerations underlying the grant of absolute immunity traditionally afforded prosecutors under the common law, and concluded that “the same considerations of public policy that underlie the common-law rule likewise countenance absolute immunity under § 1983.” 424 U.S. at 424, 96 S.Ct. at 992, 47 L.Ed.2d at 140. Those public policy considerations included the fact that a prosecutor is “duty bound” to exercise his best judgment in deciding which suits to bring and in prosecuting them in court. “The public trust of the prosecutor’s office would suffer if he were constrained in making every decision by the consequences in terms of his own potential liability in a suit for damages.” Id. The court speculated that such suits would not be infrequent, as defendants would likely channel their resentment at being prosecuted “into the ascription of improper and malicious actions to the State’s advocate.” 424 U.S. at 425, 96 S.Ct. at 992, 47 L.Ed.2d at 140.

[136]*136Irnbler also noted that “the honest prosecutor would face greater difficulty in meeting the standards of qualified immunity than other executive and administrative officials.

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884 F.2d 133, 1989 WL 99105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vosburg-v-department-of-social-services-ca4-1989.