United States Court of Appeals, Sixth Circuit.
MARYANNE GODBOLDO, et al., Plaintiffs-Appellees, v. COUNTY OF WAYNE, et al., Defendants-Appellants.
Decided: April 14, 2017
BEFORE: DAUGHTREY, CLAY, and COOK, Circuit Judges.
Plaintiffs Maryanne Godboldo and her daughter, identified as “AG-H,” initiated this suit, pursuant to 42 U.S.C. § 1983, against Defendants Wayne County and Mia Wenk, among others, for unreasonably seizing AG-H in violation of the Fourth Amendment based on allegations that the putative order providing for the taking of AG-H into state protective custody was unsupported by probable cause and was not reviewed or authorized by a judicial officer. Wenk filed this interlocutory appeal challenging the district court’s October 2, 2015 order denying in part Wenk’s motion to dismiss and/or for summary judgment based on qualified immunity. For the reasons set forth below, we hold that Wenk is entitled to immunity on all of the claims asserted against her. We therefore REVERSE the district court’s partial denial of Wenk’s motion to dismiss and REMAND this action to the district court for further proceedings consistent with this opinion.
In September 2009, Maryanne Godboldo started noticing behavioral changes in her eleven-year-old daughter, AG-H, after she was given vaccinations. Godboldo sought treatment for her daughter at the New Oakland Child-Adolescent and Family Center (“the Center”). AG-H was prescribed Risperdal, an anti-psychotic medication. Godboldo was told that she could withdraw her consent to the administration of the drug at any time.
After AG-H started taking the medication, Godboldo noticed that her daughter was experiencing side effects, which included a thirty-two pound weight gain, extreme behavioral changes, and agitation. Godboldo subsequently contacted the Center to complain about the side effects and to withdraw her consent for this medication to be administered to her daughter. With the assistance of an outside medical consultant, Godboldo began weaning AG-H off the medication.
The Center, after learning that Godboldo had taken AG-H off the medication, contacted Child Protective Services (“CPS”) to report Godboldo’s action as alleged neglect. Mia Wenk, a social worker with CPS, was assigned to this case and scheduled a Permanent Placement Conference for March 23, 2011, but did not conduct any further investigation into the allegations of abuse. At this conference, which Godboldo did not attend, Wenk and others decided to petition the court for removal of AG-H from Godboldo’s custody, even though the only information available was that Godboldo had “abruptly” taken AG-H off of the Risperdol. The following day, on March 24, 2011, Wenk submitted an “Order to Take Child(ren) into Protective Custody” to the Wayne County Circuit Court. This order was approved, though not by a judge. Instead, a probation officer used a judge’s stamp to approve the order without any judicial input or review. Read full text by clicking here.
Maryanne Godboldo is a civil rights hero for standing up to the chemical enslavement …
MATTERS, DO NOT GIVE UP YOUR RIGHTS!
YouTube · CCHRInt
CCHR Human Rights Awardee: Maryanne Godboldo
• City of London, United Kingdom.