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WHITE BY WHITE v. CHAMBLISS

Nos. 95-3025, 95-3078, 95-3088.

112 F.3d 731 (1997)

Keena WHITE, by her Personal Representative Cindy WHITE; Cindy White, individually, and Cindy White as Guardian Ad Litem for Deidre Jones, Clifford White, Jr., Patric White, Daniel White and Darren White, Plaintiffs-Appellees, v. Ruby CHAMBLISS, Defendant-Appellant, and Tina Werts; Tanga Gilchrist; Clarence Graham; Cassie Wilson; Marie Dunnam; Ramona Foley; Barry Dowd; Wilbert Lewis; James C. Solomon, Jr.; Joanne Schaekel; Anthony Bonner; Gladys Bonner; Tony Bonner; Aiken County Department of Social Services (ACDSS); Desiree Council, Defendants. Keena WHITE, by her Personal Representative Cindy WHITE; Cindy White, individually, and Cindy White as Guardian Ad Litem for Deidre Jones, Clifford White, Jr., Patric White, Daniel White and Darren White, Plaintiffs-Appellees, v. Tina WERTS; Tanga Gilchrist; Clarence Graham; Marie Dunnam; Ramona Foley; Barry Dowd; Wilbert Lewis; James C. Solomon, Jr.; Joanne Schaekel; Desiree Council, Defendants-Appellants, and Cassie Wilson; Anthony Bonner; Gladys Bonner; Tony Bonner; Aiken County Department of Social Services (ACDSS); Ruby Chambliss, Defendants. Keena WHITE, by her Personal Representative Cindy WHITE; Cindy White, individually, and Cindy White as Guardian Ad Litem for Deidre Jones, Clifford White, Jr., Patric White, Daniel White and Darren White, Plaintiffs-Appellees, v. Cassie WILSON, Defendant-Appellant, and Tina Werts; Tanga Gilchrist; Clarence Graham; Marie Dunnam; Ramona Foley; Barry Dowd; Wilbert Lewis; James C. Solomon, Jr.; Joanne Schaekel; Anthony Bonner; Gladys Bonner; Tony Bonner; Aiken County Department of Social Services (ACDSS); Desiree Council; Ruby Chambliss, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 1997.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Herlong Campbell, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Columbia, SC, for Appellants. Sara M. Walker, Columbia, SC, for Appellees. ON BRIEF: Susan P. McWilliams, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Columbia, SC; Charles E. Carpenter, Jr., Richardson, Plowden, Carpenter & Robinson, P.A., Columbia, SC; Douglas McKay, Jr., Ruskin C. Foster, McKay, McKay, Henry & Foster, P.A., Columbia, SC; William L. Pope, Roy F. Laney, Pope & Rogers, Columbia, SC, for Appellants.

Before WILKINSON, Chief Judge, LUTTIG, Circuit Judge, and BLACK, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

WILKINSON, Chief Judge:

Cindy White brought suit under 42 U.S.C. § 1983 against several officials of the South Carolina Department of Social Services ("the DSS defendants"). White claims the DSS defendants violated her substantive and procedural due process rights by removing her children from her custody and violated her daughter Keena's rights by placing Keena in a home where she died from abuse at...

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