John Doe B/K/a Mary Doe v. Connecticut Department Child and Youth Services

NEWMAN, Circuit Judge. This appeal, like van Emrik v. Chemung County Dep't of Social Services, 911 F.2d 863 (2d Cir. 1990), decided this day, concerns the availability of the qualified immunity defense in the context of temporary interruption of parental custody. Two parents and their minor child appeal from the May 19, 1989, judgment of the District Court for the District of Connecticut (Peter C. Dorsey, Judge) dismissing, on motion for summary judgment, their suit against the Connecticut Department of Social Services and some of its employees. The suit sought damages for the actions of the defendants in removing the minor child from the parental home on an emergency basis for a 96-hour period, see Conn. Gen. Stat. § 17-38a(e) (1988), and placing him in a state home. The defendants acted in response to serious allegations of sexual child abuse perpetrated upon the child by his older brother, with the toleration, and perhaps the participation of, the child's parents.