Kalir Files Amicus Brief with United States Supreme Court

C|M|LAW Clinical Professor Doron Kalir, together with Civil Litigation Clinic students Amy Polomsky and Kate Southworth, filed an Amicus Brief with the United States Supreme Court on behalf of the National Association of Social Workers. The brief argues that social workers are entitled to qualified immunity whenever they make a reasonable decision to remove an abused child, even in the absence of a prior judicial hearing. Recently, in a 2:1 decision, the Sixth Circuit held that social workers are not entitled to qualified immunity under those circumstances. The social workers are currently seeking a grant of certiorari from the Court, and 13 States have filed an amicus in their support. Now, the National Organization of Social Workers (NASW) has joined them. The circuit split on the issue, and the fact that the Court has ruled on a related issue 25 years ago – but left this question unanswered – increase the likelihood that the Court will grant cert. in this matter.

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