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JENSEN v. FOLEY

No. 01-4199.

295 F.3d 745 (2002)

Gene JENSEN and Kim Stark, individually and on behalf of their infant daughter, Kayla Jensen, Plaintiffs-Appellants, v. Sherree FOLEY, Nora Harms, Heather Forrest, Andrew Roberson, and Stephanie Mechelhoff, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

DECIDED July 8, 2002.

Attorney(s) appearing for the Case

Robert Kirchner (argued), Lerner & Kirchner, Champaign, IL, for Plaintiff-Appellants.

Mary E. Welsh (argued), Office of Atty. General Civil Appeals Div., Chicago, IL, for Defendant-Appellees.

Before FLAUM, Chief Judge, and BAUER and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

Agents from the Illinois Department of Children and Family Services ("DCFS"), along with local law enforcement officers, took infant Kayla Jensen ("Kayla") into protective custody without a warrant and without granting parents Gene Jensen ("Jensen") and Kim Stark a pre-deprivation hearing. A state court determined that probable cause existed to believe that Kayla was at risk of immediate harm at home with both parents, and held that temporary custody...

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