Where parents alleged that two Department of Social Services’ employees removed their minor child based on a predetermined reason and that the employees knew a positive drug test was not evidence of abuse, the Fourteenth Amendment claim survived the employees’ motion to dismiss.
Background
Jessica Nicole Stoots and John Lewis Phillips sued three employees of the City of Roanoke, in both their individual and official capacities, alleging violations of their First, Fourth, Fifth and Fourteenth Amendment rights in relation to the removal of their child, “CMP,” at Carilion Roanoke Memorial Hospital. Now before the court are multiple motions.
Second brief
After oral argument on the motion to dismiss and without first obtaining leave of court, plaintiffs filed a second brief in opposition to defendants’ motion to dismiss. The court will grant defendants’ motion to strike plaintiffs’ second response brief and deny plaintiffs’ motion for leave to re-file it.
Donald Goss
Plaintiffs do not allege that Goss played any role in the removal itself or was otherwise involved in the events at issue. Instead, it appears that they are seeking to hold Goss liable simply because he supervised Sparti and Jarvis. But they have not alleged any facts to establish a supervisory liability claim. All individual-capacity claims against Goss must be dismissed.
Official capacity
As for the official capacity claims against Goss and the other defendants, such claims are effectively claims against the...
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