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ARREDONDO v. LOCKLEAR

No. 05-2237.

462 F.3d 1292 (2006)

Jacinto ARREDONDO and Marisela Olivas, Plaintiffs-Appellants, v. Naomi LOCKLEAR, Rebecca Berrera-Garcia, Mike Pitts, and Rudy Arrey, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 12, 2006.

Attorney(s) appearing for the Case

Michael Newell of Heidel Samberson, Newell, Cox & McMahon, Lovington, NM, for Plaintiffs-Appellants.

Sean Olivas (Lynn E. Mostoller with him on the brief) of Keleher and McLeod, PA, Albuquerque, NM, for Defendant-Appellee Naomi Locklear. Richard E. Olson, Joel M. Carson, and Derek L. Brooks of Hinkle, Hensley, Shanor & Martin, LLP, Roswell, NM, and Barney James Reeves of Reeves & Reeves, PA, Las Cruces, NM, for Defendants-Appellees Rebecca Berrera-Garcia, Mike Pitts, and Rudy Arrey.

Before HENRY, LUCERO, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Few decisions by state officials are as wrenching as the decision to remove a child from a home based on suspicion of parental abuse. The competing constitutional interests are so powerful that courts have struggled to find adequate superlatives. On one hand, the state's interest in shielding children from abuse is "transcendent," Maryland v. Craig, 497 U.S. 836

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