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DeSHANEY v. WINNEBAGO CTY. DEPT. OF SOC. SERVICES

No. 86-2188.

812 F.2d 298 (1987)

Joshua DeSHANEY, a minor, by his guardian ad litem, Curry First, Esq.; and Melody DeShaney, Plaintiffs-Appellants, v. WINNEBAGO COUNTY DEPARTMENT OF SOCIAL SERVICES, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 12, 1987.

Rehearing and Rehearing Denied April 21, 1987.

Attorney(s) appearing for the Case

Donald J. Sullivan, Cheyenne, Wyo., Curry First, Perry, First, Lerner & Quindel, Milwaukee, Wis., for plaintiffs-appellants.

Mark J. Mingo, Simarski & Stack, Ltd., Milwaukee, Wis., for defendants-appellees.

Before POSNER and COFFEY, Circuit Judges, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 21, 1987.

POSNER, Circuit Judge.

This appeal requires us to decide whether a reckless failure by Wisconsin welfare authorities to protect a child from a parent's physical abuse deprives the child of liberty or property within the meaning of the Fourteenth Amendment.

Since the case was dismissed on summary judgment, we state the facts as favorably to the plaintiffs as the record will allow. The principal...

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