Jacob Clark, et ux. v. Bernadette Stone, et al.
SocialSecurity FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a home over the objection of the homeowner?
QUESTIONS PRESENTED 1. Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a home over the objection of the homeowner? 2. Whether qualified immunity is an affirmative defense with the burden of proof on the party raising it, or whether a Plaintiff has the burden of disproving the defense? 3. Whether this Court should overrule, or at least modify, its prior cases concerning the defense of qualified immunity where the defense is now applied contrary to the plain text of 42 U.S.C. 1983?