District of Columbia

Doe v. D.C., 958 F.Supp.2d 178 (D.D.C. 2013). Agency did not violate Fourth Amendment by unreasonably removing children during investigation into sexual abuse of two of the children upon their siblings, even though investigation ultimately determined parents had not failed to protect children. Agency had reasonable cause for concern for the children’s safety given the sexual abuse and could remove children to protect them while investigating whether the parents had been aware of the abuse. 

Miller v. United States, 2015 WL 2401723 (D.C.). Defendant convicted of sexual abuse of his stepdaughter failed to satisfy rule of criminal procedure about disclosure of expert opinions. Disclosure failed to provide government with necessary details of expert’s opinion about likelihood of penetration injury and why expert might advance such opinion. Trial court acted within its discretion in excluding expert’s testimony as sanction for deficient disclosure, and exclusion did not violate Sixth Amendment.