RAY v. FOLTZ

No. 03-12500.

370 F.3d 1079 (2004)

Grace RAY, as parent and next friend of R.M., a minor, Earl Ray, as parent and next friend of R.M., a minor, Plaintiffs-Appellees, v. E.J. FOLTZ, individually, Deborah Jones, individually, Nancy Corley, individually, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 24, 2004.


Attorney(s) appearing for the Case

J. Ray Poole, Jr., John F. Dickinson, Constangy, Brooks & Smith, J. Dixon Bridgers, III, Bridgers, Gill & Holman, Jacksonville, FL, for Defendants-Appellants.

Maria Elena Abate, Howard M. Talenfeld, Colodny, Fass & Talenfeld, P.A., Ft. Lauderdale, FL, Robert F. Spohrer, Helen W. Spohrer, Spohrer, Wilner, MArees & Maxwell, Jacksonville, FL, for Plaintiffs-Appellees.

Before TJOFLAT and HILL, Circuit Judges, and MILLS, District Judge.


HILL, Circuit Judge:

Grace Ray and Earl Ray, as parents and next friends of R.M., a minor, filed a complaint in district court under 42 U.S.C. § 1983, alleging that E.J. Foltz, Deborah Jones, and Nancy Corley violated R.M.'s substantive due process right to physical safety as a dependent child in the custody of the Florida Department of Children and Families. The defendants filed a motion to dismiss based upon qualified immunity, which the district court denied...

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