07-1756 Michael C. v. Gresbach

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Civil Rights
Qualified immunity; warrantless searches

It violates the Fourth Amendment for a social worker to conduct a search of a child at a private school without a warrant, probable cause, consent, or exigent circumstances.

"While we recognize that 'child welfare caseworkers are often called upon to make difficult decisions without the benefit of extended deliberation' in order to prevent 'the most vulnerable members of society, children of tender years, from being physically abused,' Heck, 327 F.3d at 525, we do not believe that requiring a child welfare caseworker to act in accordance with basic Fourth Amendment principles is an undue burden on the child welfare system, particularly when it is necessary to conduct an examination of a child's body, which is undoubtedly 'frightening, humiliating, and intrusive' to the child. At the time Gresbach conducted the searches at Good Hope in 2004, there was a clearly established doctrine as to what actions a Bureau caseworker must take when conducting a child abuse investigation at a private school."

Affirmed.

07-1756 Michael C. v. Gresbach

Appeal from the United States District Court for the Eastern District of Wisconsin, Adelman, J., Bauer, J.

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