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DOE EX REL. JOHNSON v. SOUTH CAROLINA, SOC. SERV.

No. 08-2161.

597 F.3d 163 (2010)

Jane DOE, by and through her guardians Gregory and Michelle JOHNSON; Gregory Johnson; Michelle Johnson; John and Jane Does, # 1-10, Plaintiffs-Appellants, v. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SCDSS; Debby Thompson; Elizabeth G. Patterson, Director; Kim S. Aydlette, Director, Defendants-Appellees, and Kameron Seth Cox; Titsa M. Flesch; Healthy Minds, LLC; John and Jane Roes, # 1-10; Managerial Roes, # 1-10; Supervisory Roes, # 1-10; Caseworker Roes, # 1-10; Foster Parent Roes, # 1-10, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2010.

Attorney(s) appearing for the Case

ARGUED: Robert James Butcher, Camden Law Firm, PA, Camden, South Carolina, for Appellants. Andrew Lindemann, Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees. ON BRIEF: William H. Davidson, II, Katy A. Rice, Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Senior Judge HAMILTON joined. Judge WILKINSON wrote a separate opinion concurring in the judgment.

OPINION

TRAXLER, Chief Judge:

Jane Doe, a minor child, and her adoptive parents, Gregory and Michelle Johnson, brought this action under 42 U.S.C.A. § 1983 (West 2003), against Debby Thompson ("Thompson"), an Adoption Specialist with the South Carolina Department of Social Services ("SCDSS"), alleging violations of their substantive due process rights under the Fourteenth Amendment to the United States Constitution. Plaintiffs brought additional state...

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