No. 15-1448.

814 F.3d 164 (2016)

Michelle MAMMARO, v. NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, formerly known as Division of Youth & Family Services; Watchung Police Department; Kara P. Wood, in her official capacity as Director of DCP & Allison Blake, in her official capacity as the Commissioner of the Department of Children and Families; Joseph R. Cina, in his official capacity as Acting Chief of Police of the Watchung Police Department; Alireichen Graziani, in her individual capacity; Benjamin Rehig, in his individual capacity; Suan Hacker, in her individual capacity; Rebecca Labarre, in her individual capacity; Krista DeBroux, in her individual capacity; Omega Laboratory Inc.; Andrew Hart, in his individual capacity; Scott Tallmadge, in his individual capacity; Patrick Minno; John Does 3-8, Police Officers of Watchung Police Department, in their individual capacities The New Jersey Division of Child Protection and Permanency; Commissioner Allison Blake; Director Kara P. Wood; Alireichen Graziani; Benjamin Rehig; Rebecca LaBarre; and Krista De-Broux, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: February 19, 2016.

Amended March 21, 2016.

Attorney(s) appearing for the Case

John J. Hoffman, Esquire , Acting Attorney General of New Jersey, Michael C. Walters, Esquire (Argued), Randall B. Weaver, Esquire , Benjamin H. Zieman, Esquire , Office of Attorney General of New Jersey, Richard J. Hughes , Justice Complex, Trenton, NJ, for Appellants.

Kenneth J. Rosellini, Esquire (Argued), Clifton, NJ, for Appellee.

Before: McKEE, Chief Judge, AMBRO, and HARDIMAN, Circuit Judges.


Appellee Michelle Mammaro filed this civil rights action claiming that the temporary removal of her child from her custody by the New Jersey Division of Child Protection and Permanency (the "Division") was a violation of her substantive due process right as a parent. On a motion to dismiss, the...

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