Opinions July 26, 2022
7th Circuit Court of Appeals
Lelah Jerger, et al. v. Shannon Blaize, et al.
21-3011
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the entry of summary judgment in favor of caseworkers for the Indiana Department of Child Services, who were sued for alleged violations of Fourth and 14th Amendment rights based on their actions in a case involving Lelah and Jade Jerger and their child, J.J. Finds the Jergers have done enough to create a jury question on whether the DCS defendants violated their and J.J.’s constitutional rights. Also finds neither summary judgment nor qualified immunity is available where the parties dispute facts material to the consent question. Remands.