Seventh Circuit -- Jaymz Hernandez v. Lakesha Foster

S1983 claim for improper removal of infant from family - substantive due process, 4A & procedural due process claims.

Infant has substantive due process claim on initial removal, as 4A protects, but parents can pursue SDP for removal.  Qualified immunity for defts, as probable cause existed.

Infant's continued withholding analysed under 4A, parents' claim under SDP.  Sufficient to survive summary judgment, no qualified immunity. 

Issue of coercion in agreeing to protective plan strong enough to survive summary judgment, as parents didn't have custy and were told that they wouldn't get custody unless they signed.  Caselaw put defts on notice that empty threats were clear violations of rights - no immunity. 

Qualified immunity on PDP for removal, as caselaw on removal/exigency was insufficient for notice .  PDP violation in withholding of custody during negotiating protective plan.


Jaymz Hernandez v. Lakesha Foster