Bayer v. Monroe County Children and Youth Services

In this action brought principally under 42 U.S.C. § 1983, at issue is whether defendants, a social worker for the Monroe County Children and Youth Services and her supervisor, are entitled to absolute or qualified immunity in connection with an allegedly unconstitutional delay in holding a dependency hearing after the agency removed children from their mothers custody. The District Court determined defendants were entitled to neither form of immunity, and denied their request for summary judgment on those grounds. We disagree and will reverse, holding that defendants are entitled to qualified immunity.