DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172702P.pdf 08/10/2018 Hal Stanley v. Katherine Finnegan
U.S. Court of Appeals Case No: 17-2702
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit
Judges]
Civil case - Civil rights. In action by parents whose children were
removed from their home on allegations of abuse and neglect, the district
court denied the motion for summary judgment based on qualified immunity
filed by defendant Finnegan, a civilian investigator for the Crimes
Against Children Division of the Arkansas State Police, and she appeals.
Held, the facts pleaded in the complaint plausibly alleged Finnegan lacked
reasonable suspicion of child abuse when she participated in removing
plaintiffs' minor children from the home and custody of their parents;
further, it was clearly established at the time Finnegan acted that
reasonable suspicion was required to remove the children.