Gates v. Texas Department of Protective and Regulatory Services, 537 F.3d 404

Court Filing · U.S. Court of Appeals for the Fifth Circuit · August 18, 2008

The Fifth Circuit held that caseworkers need a court order, consent or an emergency to remove a child, and that "the mere possibility of danger is not enough." The caseworkers in the case still received qualified immunity.

The mere possibility of danger is not enough.

Opinion
Official source

The Fifth Circuit held that caseworkers need a court order, consent or an emergency to remove a child, and that "the mere possibility of danger is not enough." The caseworkers in the case still received qualified immunity.

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