Jonathan Voorhis v. Cindy Digangi, et al.
DueProcess
1. This case is about whether absolute immunity shields Child Protective Service (CPS) Workers from allegations of fabrication of evidence within an investigative role, when the CPS workers neither admit nor deny the act nor assert a time frame when the act had occurred.
2. This Court may further answer a question left unanswered by the United States Court of Appeals for the Third Circuit; can a district court penalize a plaintiff for not submitting evidence, when the evidence was obtained by the defense prior to the §1983 claim being filed, and the defense never challenged the authenticity, admissibility or existence of the evidence, and discovery had yet to occur as the Motion to Dismiss was converted to a Summary Judgment.
3. There is a deepening circuit split which the Third Circuit as of now stands alone on the opinion: Child Protective Service Workers should be granted absolute immunity for the act of fabricating evidence during the investigative stage.
4. A growing national consensus demands transparency and accountability in CPS investigations, legislators nationwide are responding to the growing recognition that child welfare investigations must be subject to constitutional safeguards and evidentiary accountability.
Whether absolute immunity shields child protective service workers from civil liability for fabricating evidence during child welfare investigations that allegedly violate a parent's due process rights