Second Circuit – Unlawful seizure: K.W. v. City of New York

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United States Court of Appeals for the Second Circuit

 Unlawful seizure — Child custody

K.W. v. City of New York

24-3042-cv

Judges Sack, Perez, and Briccetti

Background: The plaintiff father appealed from the dismissal of his claims. His son was removed from him by the Administration for Children’s Services without a court order on the alleged concern about the mother’s neglect and abuse of other children from other fathers. The father was given limited visitation rights and did not regain custody for nearly three years. The district court held that the father did not state a claim for which relief could be granted.

Ruling: The Second Circuit reversed. The court stated claims for unlawful seizure under the Fourth Amendment and violations of procedural due process. The court noted that the father was excluded from child abuse hearings but the child was never returned to him. The court further held that qualified immunity did not shield the individual defendant.

Alan E. Schoenfeld, Wilmer Cutler Pickering Hale and Dorr, David Shalleck-Klein, of Family Justice Law Center, Evan Brustein, of Brustein Law, and Mary Risman, of Risman & Risman, for the plaintiffs-appellants; Sheryl A. Sanford, of Black Marjieh & Sanford, and Patricia A. Roony, of the Law Offices of James Cammarata, for the appellees.

Oral argument audio