HODOROWSKI v. RAY

No. 87-1696.

844 F.2d 1210 (1988)

John HODOROWSKI and Jeraldine Hodorowski, et al., Plaintiffs-Appellees, v. Ann RAY, Mary Ellen Burns and Texas Department of Human Resources, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 1988.


Attorney(s) appearing for the Case

Robert Ozer, Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

Frederic M. Wolfram, Amarillo, Tex., for Hodorowski, et al.

Before THORNBERRY, WILLIAMS, and DAVIS, Circuit Judges.


THORNBERRY, Circuit Judge:

The question presented by this appeal is whether and to what extent Texas child protective service workers are immune from liability under 42 U.S.C. § 1983 for their decision to remove children from the home of their parents without a prior court order. The district court held that the workers could claim neither absolute nor qualified immunity. We reverse, holding that the workers may claim qualified, but not absolute, immunity.

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