Recent Development by H.W. Mondros
Karen Austin brought a section 1983 action for damages against the State of Louisiana and against Ronald Borel and Janenne Trahan individually and in their official capacities as child protection workers for the Louisiana Children's Protective Service. Borel was the caseworker assigned to investigate reported sexual abuse of Austin's ten year old daughter. Based on Borel's findings, the local district attorney's office filed a petition seeking the immediate removal of two of Austin's daughters from parental custody. Borel, supporting the petition, filed a verified complaint stating that immediate removal of the children was necessary to prevent further sexual abuse. The juvenile court responded to the petition and verified complaint with an order that the Austin children be placed in the temporary custody of the State. The girls remained with the State for three weeks until, following a formal hearing, they were returned to their mother's custody. In her complaint, Austin alleged that Borel, under Trahan's supervision, had knowingly filed a false verified complaint that had resulted in the wrongful taking of her children. The federal district court dismissed the complaints against the State and against Borel and Trahan acting in their official capacities on the ground of eleventh amendment sovereign immunity. The trial judge concluded that state child protection workers are entitled to absolute immunity for their official conduct and also dismissed the suit against Borel and Trahan in their capacity as individuals. Austin appealed from the latter dismissal, and the Fifth Circuit reversed, holding that the Louisiana child protection workers enjoyed only qualified immunity from section 1983 actions. Austin v. Borel, 830 F.2d 1356, reh'g en banc denied, 836 F.2d 1346 (5th Cir. 1987).
About the Author
H.W. Mondros.
Citation
62 Tul. L. Rev. 1453 (1988)