LENZ v. WINBURN

No. 93-3340.

51 F.3d 1540 (1995)

Donald LENZ, Shirley Lenz, his wife, Plaintiffs-Appellants, v. Mary WINBURN, individually, for her official acts, and in her official capacity as Investigator for the Florida Department of Health and Rehabilitative Services, Doris Paskewitz, individually, for her official acts, and in her official capacity as Guardian Ad Litem, with the State of Florida, or individually, for acts outside the scope of her official authority, Volusia County, a governmental entity, Elizabeth Lenz, individually, Defendants-Appellees, Robert L. Vogel, Jr., in his official capacity as Sheriff of Volusia County, Florida, W. Piser, in his official capacity as Deputy Sheriff of Volusia County, Florida, M. Lusk, in his official capacity as Deputy Sheriff of Volusia County, Florida, Department of Health and Rehabilitative Services, an agency of the State of Florida, Guardian Ad Litem Program for the Seventh Judicial Circuit, an agency of the State of Florida, Defendants.

United States Court of Appeals, Eleventh Circuit.

May 12, 1995.


Attorney(s) appearing for the Case

Andrew C. Moler, Orlando, FL, for appellants.

Kenneth J. Servay, Appellate Advocacy Program-Tulane Law School, New Orleans, LA, Nina E. Vinik, A.C.L.U. Foundation of Fla., Miami, FL, for amicus curiae ACLU.

Michael Vance Matthews, Blakeney and Alexander, Charlotte, NC, for NCNB Bank.

Edmund T. Woolfolk, Woolfolk, Estex, Keough and Jordan, John E. DuBose, Jr., Orlando, FL, for Winburn.

Paolo G. Annino, Central FL Legal Services, Inc., Sylvia Starbuck, Daytona Beach, FL, for Elizabeth Lenz.

Tura Schnebly Broughton, Asst. County Atty., Legal Department, DeLand, FL, for County of Volusia.

Arthur C. Wallberg, Office of the Atty. Gen., Tallahassee, FL, for Paskewitz.

Before HATCHETT and COX, Circuit Judges, and JOHNSON, Senior Circuit Judge.


COX, Circuit Judge:

Plaintiffs Donald and Shirley Lenz sued Mary Winburn, Doris Paskewitz, Elizabeth Lenz, and Volusia County, Florida under 42 U.S.C. § 1983 for violation of their Fourth and Fourteenth Amendment rights. The district court granted all defendants summary judgment. The Lenzes appeal.

I. Background

A. Facts

Donald and Shirley Lenz (the elder Lenzes or the Lenzes) have a son named...

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