DOE v. HECK

No. 01-3648.

327 F.3d 492 (2003)

John DOE and Jane Doe, individually and on behalf of their minor son, John Doe, Jr., and John Roe and Jane Roe, 1-7, and Greendale Baptist Church and Academy, Plaintiffs-Appellants, v. Carla HECK, individually and in her official capacity as a case worker for the Bureau of Milwaukee Child Welfare, John Wichman, individually and in his official capacity as a case worker for the Bureau of Milwaukee Child Welfare, and Christine Hansen, individually and in her official capacity as a service manager for the Bureau of Milwaukee Child Welfare, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 2003.

As amended on Denial of Rehearing May 15, 2003.


Attorney(s) appearing for the Case

Stephen M. Crampton (argued), American Family Ass'n, Tupelo, MS, Sheila M. Smith, Milwaukee, WI, for Plaintiffs-Appellants John Doe, Jane Doe, John Roe and Jane Roe 1-7.

Michael D. Dean (argued), Dean & McKoy, Waukesha, WI, for Plaintiff-Appellant Greendale Baptist Church and Academy.

John J. Glinski (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for Defendants-Appellees.

Before FLAUM, Chief Judge, and WOOD, Jr., and MANION, Circuit Judges.


MANION, Circuit Judge.

Several weeks after learning that administrators of the Greendale Baptist Church and Academy used corporal punishment as a form of discipline in primary grade school, caseworkers for the Bureau of Milwaukee Child Welfare initiated an investigation for child abuse. Over the objection of the Academy's principal, and without a warrant or parental notification or consent, the caseworkers removed eleven-year-old John Doe Jr. from his fourth-grade...

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