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SMITH v. WILLIAMS-ASH

No. 06-4638.

520 F.3d 596 (2008)

Melody SMITH; David Smith; Mari Katlyn Smith, By Next Friends and Parents of Melody and David Smith; Malake Dancer, By Next Friends and Custodians Melody and David Smith; David Smith II, By Next Friends and Parents Melody and David Smith, Plaintiffs-Appellants, v. Judy WILLIAMS-ASH, Hamilton County Job & Family Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Stephen R. Felson, Newman & Meeks Co., LPA, Cincinnati, Ohio, for Appellants. Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Stephen R. Felson, Lisa T. Meeks, Newman & Meeks Co., LPA, Cincinnati, Ohio, for Appellants. Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee.

Before: DAUGHTREY, GILMAN, and COOK, Circuit Judges.

COOK, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. GILMAN, J. (pp. 601-04), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

David and Melody Smith filed this 42 U.S.C. § 1983 action against Judy Williams-Ash — a social worker employed by the Hamilton County Department of Jobs and Family Services ("Children's Services") — claiming violation of their due process right to a hearing...

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