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HODGE v. JONES

No. 93-1182.

31 F.3d 157 (1994)

David R. HODGE; Marsha A. Hodge, his wife, individually and as parents and next friend of a minor, Joseph E. Hodge, Plaintiffs-Appellees, v. M. Alexander JONES, Director of the Carroll County Department of Social Services, in his official and individual capacities; Alan L. Katz, Assistant Director of the Carroll County Department of Social Services, in his official and individual capacities; Carolyn W. Colvin, Secretary of the Department of Human Resources of the State of Maryland, in her official and individual capacities, Defendants-Appellants, and Carroll County Department of Social Services, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1994.

Attorney(s) appearing for the Case

ARGUED: Evelyn Omega Cannon, Asst. Atty. Gen., Baltimore, MD, for appellants. Edwin Vieira, Jr., Manassas, VA, for appellees. ON BRIEF: J. Joseph Curran, Jr., Atty. Gen., Donna R. Heller, Asst. Atty. Gen., Baltimore, MD, for appellants. Tracy E. Mulligan, Rockville, MD, for appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WIDENER and WILLIAMS, Circuit Judges.

Vacated in part, reversed in part, and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER concurred. Justice POWELL wrote a separate opinion concurring in the judgment.

OPINION

WILLIAMS, Circuit Judge:

We are presented with the question of the applicability of a qualified immunity affirmative defense in the context of a 42 U.S.C. § 1983 (1988), action challenging the constitutionality of...

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