Stephen G. Loftus v. Ester Clark-Moore
2012 U.S. App. LEXIS 16895
11th Cir.2012Background
- Loftus petitioned a Florida court for dependency to protect his children from alleged abuse by their mother; Loftus invited investigation.
- Clark-Moore, a Florida- contracted social worker, visited Savonna at school and interviewed her without Loftus’s knowledge or consent.
- Loftus complained that Clark-Moore’s interrogation violated Savonna’s Fourth Amendment rights; he alleged Ferguson threatened to remove the children from his care.
- Loftus amended his complaint to include Family Preservation Services’s liability for training and supervision failures.
- The district court granted qualified immunity to Clark-Moore and Ferguson and sovereign immunity to the agency; on appeal the court held the case ripe despite Loftus’s criminal charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clark-Moore’s interrogation violated a clearly established right. | Loftus argues Savonna’s Fourth Amendment rights were violated. | Clark-Moore contends no clearly established right was violated. | No clearly established violation; qualified immunity affirmed. |
| Whether Ferguson’s threats to remove the children violated a clearly established right. | Loftus contends the threats violated familial rights under due process. | Ferguson argues no clearly established right was violated. | No clearly established violation; qualified immunity affirmed. |
Key Cases Cited
- Barnes v. Zaccari, 669 F.3d 1295 (11th Cir. 2012) (testing clearly established law in context; not unsettled by district law)
- Terrell v. Smith, 668 F.3d 1244 (11th Cir. 2012) (how to assess clearly established rights in qualified immunity)
- Coffin v. Brandau, 642 F.3d 999 (11th Cir. 2011) (en banc; context of clearly established law)
- Vinyard v. Wilson, 311 F.3d 1340 (11th Cir. 2002) (contextual analysis for clearly established rights)
- Foy v. Holston, 94 F.3d 1528 (11th Cir. 1996) (investigation of child abuse and family rights; qualified immunity)
- Gray v. Bostic, 458 F.3d 1295 (11th Cir. 2006) (school seizure standard; reasonableness in context)
- Doe v. Heck, 327 F.3d 492 (7th Cir. 2003) (circuit precedent on clearly established law from sister circuits)
- Miller v. City of Philadelphia, 174 F.3d 368 (3d Cir. 1999) (external circuit authority cited by Loftus)
- Croft v. Westmoreland County Children & Youth Services, 103 F.3d 1123 (3d Cir. 1997) (clearly established rights in family privacy and child protection)