Lia Xiong v. Michael Wagner, 2012 U.S. App. LEXIS 21857

Thor, a wheelchair-using 12-year-old with cerebral palsy, was removed from his home by RCHSD caseworker Wagner after a school report of bruising.
Interviews with Thor and siblings yielded statements suggesting past and present abuse/neglect by the Xiongs; physician could not determine bruise source with certainty.
Thor was placed in protective custody pending foster care; judge issued probable cause order for continued custody on March 26, 2009.
Thor later suffered a head injury at a foster home; later placement moved to another foster setting with Lakeview staff taking protective measures.
Xiongs sued Wagner, Leydel, Froh, and Chiapetta under 42 U.S.C. § 1983 and § 1985, claiming due process and equal protection violations; district court granted summary judgment on qualified immunity and lack of racial animus evidence.
On appeal, the Seventh Circuit reviews de novo, applying qualified immunity analysis to whether rights were violated clearly.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Thor's initial removal violated the Fourth Amendment	Thor was seized improperly without probable cause.	A reasonable caseworker could have believed probable cause existed.	Qualified immunity; removal could be lawful given evidence at the time.
Whether continued separation violated familial integrity under due process	Ongoing separation without sufficient suspicion violated familial rights.	Continued custody supported by probable cause/reasonable suspicion remained.	Qualified immunity; no dissipation of reasonable suspicion or probable cause.
Whether Thor's bodily security and integrity rights were violated	Failures to remove from problematic placements and ensure safety breached rights.	Evidence showed no abuse/neglect by placements; actions were reasonable.	Qualified immunity; no clearly established violation found.
Whether equal protection rights were violated due to racial discrimination	Wagner exhibited racial animus and unequal treatment of plaintiffs.	No evidence of racial motive; decisions race-neutral.	Summary judgment for defendants on equal protection claims.
Whether conspiracy to violate equal protection was proven	There was a racialized conspiracy by defendants.	No proof of racial animus or conspiracy; claims fail.	No § 1985(3) conspiracy; affirmed on related equal protection grounds.

Hernandez ex rel. Hernandez v. Foster, 657 F.3d 463 (7th Cir. 2011) (right-to-removal framework; clearly established standard)
Brokaw v. Mercer Cnty., 235 F.3d 1000 (7th Cir. 2000) (probable cause in neglect cases; due process in removal)
Siliven v. Ind. Dep't of Child Servs., 635 F.3d 921 (7th Cir. 2011) (reasonable suspicion vs probable cause in due process)
Waubanascum v. Shawano Cnty., 416 F.3d 658 (7th Cir. 2005) (modified deliberate indifference standard for foster care safety)
Nelson v. Heyne, 491 F.2d 352 (7th Cir. 1974) (right to individualized treatment for juveniles)
J.H. ex rel. Higgin v. Johnson, 346 F.3d 788 (7th Cir. 2003) (deliberate indifference standard in custody cases)
Pearson v. Callahan, 555 U.S. 223 (2009) (clearly established inquiry in qualified immunity)
Hunter v. Bryant, 502 U.S. 224 (1991) (prior to Pearson: effects on qualified immunity framework)
K.H. ex rel. Murphy v. Morgan, 914 F.2d 846 (7th Cir. 1990) (standard for right to individualized care; state must provide)