BANKS v. HERBRICH

No. 23-20107.

90 F.4th 407 (2024)

Jessica BANKS, Plaintiff-Appellee, v. Daniel HERBRICH; Robin Williams; Linda Juarez; Michael Matchett, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED January 3, 2024.


Attorney(s) appearing for the Case

Joshua Scott Clover (argued), Clover & Marak P.L.L.C., Brenham, TX, for Plaintiff-Appellee.

Todd A. Dickerson, Esq. , Allison Marie Collins (argued), Office of the Attorney General for the State of Texas, General Litigation Division, Austin, TX, for Defendants-Appellants.

Before Wiener, Willett, and Douglas, Circuit Judges.


This appeal arises out of the removal of R.B., then a four-year-old child, from the custody and care of his mother, Jessica Banks, without parental consent or a court order. After commencing an investigation premised on an anonymous report alleging neglect and abuse, the Texas Department of Family and Protective Services...

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