In a new ruling, Judge Joe B. McDade, out of the United States District Court for the Central District of Illinois, ruled on a Motion to Dismiss filed by the defendants involved with Krueger v. Petrak. The defendants include the following employees of the Illinois Department of Child and Family Services (DCFS): Jennifer Inness, Alisa Collins, Kimberly Taylor, Leandra Tate, Raelyn Galassi, Austin Haddock, Anita Parker, Angelique Maxwell, Lindsay Horcharik, and Kimberly Wilson.
The judge ruled:
"The Complaint sufficiently alleges Defendants violated Plaintiffs’ rights under the Fourth and Fourteenth Amendments by illegally seizing the minor Plaintiffs and subjecting the adult Plaintiffs to a prolonged sham investigation resulting in the deprivation of fundamental rights. And, contrary to Defendants’ argument, Plaintiffs’ right to be free from arbitrary or sham DCFS investigations was clearly established at the time of the investigation herein. See, e.g., Brokaw, 235 F.3d at 1020 (“[A]t a minimum [due process] requires that government officials not misrepresent the facts in order to obtain the removal of a child from his parents.”). Thus, Defendants’ assertion of qualified immunity does not warrant dismissal at this stage."
DCFS Director Marc Smith
To read and download the full Krueger v. Petrak federal complaint click here.
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