context: In conclusion, there is no evidence that Stephens intentionally interfered with McGarr's relationship with Deskovic (as distinguished from intentionally violating Deskovic's rights), and anything less than conduct intentionally directed at the familjal relationship was not clearly established as unlawful within the Second Circuit at the time of Stephens' behavior in 1990. The Court therefore holds that Stephens is entitled to qualified immunity on McGarr's familial association claim.
citation_a.signal: see
citation_a.identifier: 182 F.3d 107, 107
citation_a.parenthetical: noting, in context of abuse investigation, that there is a difference between evaluating the appropriateness of a case worker's actions, which "depends on the facts and events of a particular case," and "evaluating whether it was objectively reasonable for a case worker to believe" that his or her actions were lawful, which "depends on the clarity of existing law at the time of those events"
citation_a.sentence: See Wilkinson, 182 F.3d at 107. n. 10 (noting, in context of abuse investigation, that there is a difference between evaluating the appropriateness of a case worker’s actions, which “depends on the facts and events of a particular case,” and “evaluating whether it was objectively reasonable for a case worker to believe” that his or her actions were lawful, which “depends on the clarity of existing law at the time of those events”); see also Reasonover, 447 F.3d at 585 (holding that defendants were entitled to qualified immunity for actions taken in 1983, as “any right to familial association was not sufficiently clear such that the defendants reasonably could have understood they were violating it,” because “[njeither the Supreme Court nor this court has clearly held wrongful prosecution and incarceration of a family member violates a right to familial association”).
citation_b.signal: see also
citation_b.identifier: 447 F.3d 585, 585
citation_b.parenthetical: holding that defendants were entitled to qualified immunity for actions taken in 1983, as "any right to familial association was not sufficiently clear such that the defendants reasonably could have understood they were violating it," because "[njeither the Supreme Court nor this court has clearly held wrongful prosecution and incarceration of a family member violates a right to familial association"
citation_b.sentence: See Wilkinson, 182 F.3d at 107. n. 10 (noting, in context of abuse investigation, that there is a difference between evaluating the appropriateness of a case worker’s actions, which “depends on the facts and events of a particular case,” and “evaluating whether it was objectively reasonable for a case worker to believe” that his or her actions were lawful, which “depends on the clarity of existing law at the time of those events”); see also Reasonover, 447 F.3d at 585 (holding that defendants were entitled to qualified immunity for actions taken in 1983, as “any right to familial association was not sufficiently clear such that the defendants reasonably could have understood they were violating it,” because “[njeither the Supreme Court nor this court has clearly held wrongful prosecution and incarceration of a family member violates a right to familial association”).