ALSAGER v. DISTRICT COURT OF POLK COUNTY, IOWA

No. 76-1173.

545 F.2d 1137 (1976)

Charles LeRoy ALSAGER, Sr. et al., Appellees, v. DISTRICT COURT OF POLK COUNTY, IOWA, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1976.


Attorney(s) appearing for the Case

Raymond W. Sullins and Harold A. Young, Asst. Attys. Gen., Des Moines, Iowa, for appellants; Richard C. Turner, Atty. Gen., on brief.

Rena K. Uviller, American Civil Liberties Union, New York City, for appellees; Burt Neuborne and Melvin L. Wulf, New York City, Gordon E. Allen, ICLU, Des Moines, Iowa, on brief.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and HENLEY, Circuit Judge.


PER CURIAM.

The judgment appealed from is affirmed on the basis that plaintiffs were denied substantive due process, in that the State of Iowa failed to exhibit the threshold harm necessary to give the state a compelling interest sufficient to justify permanent termination of the parent-child relationships, and on the further basis that plaintiffs were denied procedural due process, in that they were not given adequate notice of what conduct allegedly warranted such...

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