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Doe v. Kearney

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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