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HERNANDEZ EX REL. HERNANDEZ v. FOSTER

No. 10-1364.

657 F.3d 463 (2011)

Jaymz HERNANDEZ, by his parents and next friends Crystelle HERNANDEZ and Joshua Hernandez, et al., Plaintiffs-Appellants, v. Lakesha FOSTER, DCFS investigator, in her individual capacity, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2011.

Rehearing and Rehearing En Banc Denied October 7, 2011.

Attorney(s) appearing for the Case

Julie Anne Bauer , Michael David Bess (argued) , Attorneys, Winston & Strawn LLP, Chicago, IL, for Plaintiffs-Appellants.

Mary Ellen Welsh (argued) , Attorney, Office of the Attorney General, Chicago, IL, for Defendants-Appellees.

Before SYKES, TINDER, and HAMILTON, Circuit Judges.

TINDER, Circuit Judge.

The Illinois Department of Children and Family Services ("DCFS") took fifteen-month-old Jaymz Hernandez away from his home and parents and into temporary protective custody. Jaymz and his parents, Crystelle and Joshua Hernandez, later sued the defendants-appellees, Lakesha Foster, a DCFS investigator; her supervisor, Pamela Foster-Stith; and Michael Ruppe, DCFS Assistant Regional Manager, alleging violations of their constitutional rights. The...

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