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FILE NO., COURT, AND DATE FILED
00-cv-184 (M.D. Fla., Jan. 28, 2000)
CITATIONS
329 F.3d 1286 (11th Cir. 2003)
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
Julie E. Andrews 4388 Castleton Road West Upper Arlington, OH 43220 (614) 459-9861
James K. Green Law Office of James K. Green, P.A. Suite 1650, Esperante 222 Lakeview Ave. West Palm Beach, FL 33401 (561) 659-2029 Fax: (561) 655-1357
ISSUES
Parents, individually and on behalf of their minor children, brought suit against the Florida Department of Children and Families, seeking a declaration that the Florida statute that authorized "emergency" removal of their children was unconstitutional under the Fourteenth and Fourth Amendments.
HISTORY AND STATUS
Plaintiffs filed suit on January 28, 2000. The district court dismissed plaintiffs' claims on July 31, 2000, finding that the statute comports with due process and Fourth Amendment requirements. Plaintiffs appealed, and the Eleventh Circuit held on May 8, 2003, that the statute was not facially unconstitutional under the Due Process Clause of the Fourteenth Amendment.
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