Cox v. Cent. Sch. Dist., 654 F.3d 267 (2d Cir. 2011). LIABILITY, SCHOOLS
Where child wrote essay about violence and suicide and had history of aggressive behavior in school, principal’s placing him in in-school suspension and later call to child protective services (CPS) did not constitute retaliation for freedom of speech purposes as both actions were not punitive but protective.
Southerland v. City of New York, 652 F.3d 209 (2d Cir. 2011). LIABILITY, CASEWORKERS
In father’s §1983 action alleging caseworker’s entry into his home and removal of his children violated their Fourth Amendment rights, there were genuine issues of material fact regarding whether caseworker knowingly and recklessly made false statements in affidavit requesting order to enter father’s home based on suspected child abuse or neglect and whether false statements were necessary to magistrate’s finding of probable cause; thus, caseworker was not entitled to summary judgment on qualified immunity grounds.