In a 42 U.S.C. section 1983 action claiming that defendant-officer wrongfully removed a sick infant from the custody of her parents, summary judgment for plaintiff is reversed where there was a genuine issue of material fact as to whether defendant was confronted with imminent danger to the infant at the time in question.
Argued and Submitted September 15, 2008
Filed August 10, 2009
Opinion by Judge Trott
Partial Concurrence and Partial Dissent by Judge Wallace