ACHTERHOF v. SELVAGGIO

No. 88-2213.

886 F.2d 826 (1989)

James ACHTERHOF; Grace Achterhof, Plaintiffs-Appellants, v. Anthony F. SELVAGGIO, individually and as a Children's Protective Services employee of the Department of Social Services; Anna Meade, individually and as a Supervisor for the Department of Social Services; Richard H. Ritter, Individually and as the Director of the Barry County Department of Social Services, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1989.


Attorney(s) appearing for the Case

Vincent J. Leone and Becky M. Lamiman (argued), Asst. Attys. Gen., Tort Defense Div., Lansing, Mich., for defendants-appellees.

Jon D. VanderPloeg (argued), Smith, Haughey, Rice & Roegge, Grand Rapids, Mich., for plaintiffs-appellants.

Before MARTIN, MILBURN and RYAN, Circuit Judges.


BOYCE F. MARTIN, Jr., Circuit Judge.

James and Grace Achterhof appeal the dismissal of their section 1983 action for state interference with the family relationship in violation of their rights to due process, equal protection and freedom of association. The district court dismissed the action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons stated below, we reverse.

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