GATES v. TEXAS DEPT. OF PROTECTIVE & REG. SERVICES

No. 06-20763.

537 F.3d 404 (2008)

Gary W. GATES, Jr.; Melissa Gates, Individually and as next friends to Sarah Gates, Derodrick Gates, Travis Gates, Raquel Gates, Cynthia Gates, Cassandra Gates, Timothy Gates, Andrew Gates, Alexis Gates, and Marcus Gates; Gary Wilton Gates; George Gates; Scott Gates, Plaintiffs-Appellants, v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, Childrens Protective Services; Thomas Chapmond; Jerry Polasek; Amy Odin; Sandra Russell; Lisa Matthews; Laura Miller; Erika Davis; Sherrece Haywood; Laura Ramirez; Fort Bend County; Milton Wright; Sam Millsap; Arthur Chapman; Carlos Carrillo; Virginia Schaefer; Ken Lee; Lloyd Rowland, Sergeant; James Carlson, Detective; Spilman, Detective, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 28, 2008.


Attorney(s) appearing for the Case

Thomas Christian Sanders, Sugar Land, TX, Robert Gaines Gibson, Jr. (argued), Stafford, TX, for Plaintiffs-Appellants.

Terrence L. Thompson, Asst. Atty. Gen. (argued), Austin, TX, Randall W. Morse (argued), Mary Elizabeth Reveles, Richmond, TX, for Defendants-Appellees.

James R. Mason, Purcellville, VA, Marc Aron Levin, Potts & Reilly, Austin, TX, for Amici Curiae.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.


PRADO, Circuit Judge:

Before us is an appeal of a district court's decision to dismiss a family's claims against various governmental entities and employees who allegedly performed unconstitutional child abuse investigations. For the following reasons, we AFFIRM the judgment of the district court.

I. FACTUAL BACKGROUND

Gary and Melissa Gates are the parents of thirteen children — two biological (Sarah...

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