Court Hands Down Landmark Parental Rights Decision
July 24, 2003
San Francisco, CA - In a groundbreaking en banc decision, the Ninth
Circuit set new precedence for the protection of parents and children from
social workers who abuse their discretion. The en banc decision reversed a
three-judge panel decision, and strips social workers of the absolute
immunity enjoyed by prosecutors. Because of this case, Miller v. Gammie,
social workers will now only have limited, qualified immunity for their
actions, similar to police officers. Pacific Justice Institute Affiliate
Attorney Donnie Cox assisted with the case.
"This case is about social workers no longer being given the same
immunity as prosecutors. For the last fifteen years, they had
unfettered discretion to do what they wanted," said Attorney Cox.
"They will now be held accountable when they maliciously violate the
rights of parents or their children."
"This is a landmark case for increasing the accountability of social
workers," said Pacific Justice Institute President Brad Dacus.
"After all these years, a social worker will now need to think twice
before abusing the rights of parents."
To read case in full visit http://caselaw.lp.findlaw.com/Miller
v Gammie
|
'01