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Dismissal of Plaintiff's Minor Children's Claims Under Rooker-Feldman Reversed In Social Services Case

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By FindLaw Staff on May 26, 2010 4:17 PM

Kovacic v. Cuyahoga County Dep't of Children & Family Serv., No. 08-4656, concerned a suit brought by plaintiff-mother on behalf of herself and her minor children claiming that her constitutional rights were violated when social workers, aided by police officers, entered her home by force and removed her children.

In affirming the judgment of the district court in part, the court held that the district court correctly ruled that all of plaintiff's claims are time barred.  However, portion of the district court's judgment with respect to the children's claims is reversed as the claims by the children are not barred by Rooker-Feldman as their claims do not seek review or reversal of the decision of the juvenile court to award temporary custody to the state, but instead focus on the conduct of Family Services and of the social workers that led up to the juvenile court's decision to award temporary custody to the county.  

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