Salyer v. Patrick
| Citation | 874 F.2d 374 |
| Decision Date | 12 May 1989 |
| Docket Number | No. 88-5377,88-5377 |
| Parties | Corbett SALYER, et al., Plaintiffs-Appellants, v. Vicky PATRICK, et al., Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Thomas J. Banaszynski, Oliver H. Barber, Jr. (argued), Gittleman, Bleidt & Barber, Louisville, Ky., for plaintiffs-appellants.
Ryan M. Halloran, Gen. Counsel, William K. Moore, Staff Atty., Stanley A. Stratford, Asst. Gen. Counsel, W. Kimble Moore, Jr., Staff Atty., E.D. Klatte, Staff Atty. (argued), Trisha Zeller James, Cabinet for Human Resources, Office of the Counsel, Frankfort, Ky., for defendants-appellees.
Before: KRUPANSKY and BOGGS, Circuit Judges; and EDWARDS, Senior Circuit Judge.
The parties in this appeal are plaintiffs-appellants, Mr. and Mrs. Corbett Salyer, who are parents of a young girl, and defendants-appellees, Vicky Patrick and Becci Lewis, who are social workers on the staff of the Kentucky Cabinet for Human Resources. The Salyers allege 1) that the defendant social workers filed a juvenile court petition without adequately investigating a report that the child had been sexually abused, and 2) that the defendants' act resulted in defamation, invasion of privacy, abuse of process and malicious prosecution of the Salyers. Plaintiffs sued under 42 U.S.C. Sec. 1983 and also under state law.
The matter was heard in the Eastern District of Kentucky and the defendant social workers filed a motion to dismiss. This was heard by a Magistrate who recommended dismissal of the complaint on the basis of the defendants' absolute immunity. The District Court entered an order sustaining defendants' motion based on defendants' qualified immunity, contingent on the defendants' establishing the existence of the informant who defendants claimed gave them the basis for initiating their investigation. The court ordered the defendants to submit affidavits under seal as to the identity of the informant. Defendants submitted the affidavits, and their motion was sustained on the basis of defendants' qualified immunity; a ruling on defendants' absolute immunity was reserved.
The case obviously involves dangerous aspects. The family service workers had a Kentucky State Trooper accompany them to the Salyers' residence. The Salyers refused to let them enter. The Kentucky State Police and the Sheriff refused further cooperation with the family service workers saying "no one was going back to the house because Corbett was hiding in the woods with a rifle and would kill someone." Subsequently the child was examined by a pediatrician who stated he
We turn now to such records as have been presented to this court. On November 4, 1986, in Magoffin County, Kentucky, a juvenile petition was filed reciting the following:
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
In response to this petition on November 5, 1986, a Juvenile Emergency Custody Order was entered in Magoffin County as follows:
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
On February 26, 1987, Salyer's attorney filed a motion to dismiss the juvenile child abuse petition in the interest of plaintiffs' child.
On March 12, 1987, the Magoffin County Attorney responded to the motion to dismiss, stating that the Commonwealth had no objection. On March 16, 1987, the motion to dismiss was sustained by the Magoffin District Juvenile Court. The child was never removed from her parents' custody.
The Salyers subsequently filed their complaint in the U.S. District Court, Eastern District of Kentucky on May 8, 1987.
The legal issue in this case is whether or not family service workers are protected by absolute or qualified immunity from liability under 42 U.S.C. Sec. 1983 for investigating and filing a juvenile abuse petition. The Supreme Court has not addressed the question of social worker immunity under 42 U.S.C. Sec. 1983. However, in Kurzawa v. Mueller, 732 F.2d 1456 (6th Cir.1984), this court granted absolute immunity to state social service workers who initiated child neglect proceedings by filing a petition in state court on behalf of a child. Judge Keith reasoned that state employees and officials who are responsible for the initiation of petitions in state courts "to protect the health and well-being of the children ... must be able to perform the necessary tasks to achieve this goal without the worry of intimidation and harassment from dissatisfied parents." Kurzawa, 732 F.2d at 1458.
It appears to this court that the family service workers were absolutely immune from liability in filing the juvenile abuse petition, due to their quasi-prosecutorial function in the initiation of...
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...when they are performing administrative, investigatory, or other functions. Holloway, 220 F.3d at 775; compare Salyer v. Patrick, 874 F.2d 374, 377-78 (6th Cir.1989) (holding social worker entitled to absolute immunity when filing child abuse petitions); Kurzawa v. Mueller, 732 F.2d 1456, 1......
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...B. Applicable Law 1. Nature of Immunity Some circuits have recognized the absolute immunity of social welfare workers, Salyer v. Patrick, 874 F.2d 374 (6th Cir.1989); Vosburg v. Dept. of Social Services, 884 F.2d 133 (4th Cir.1989); Malachowski v. City of Keene, 787 F.2d 704 (1st Cir.) cert......
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