Andrews v. Hickman County

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The Tennessee Department of Children’s Services, Hickman County, received a referral regarding allegations of abuse concerning the Andrews. A social worker was attempting to make contact when DCS received a second referral concerning the Andrews. Due to references to guns in the home and because the site visit was to be carried out at night, DCSs requested law enforcement to assist. The Sheriff’s Department dispatched two officers. Andrews was outside working when the group arrived and asked the officers to wait outside while he called the sheriff’s office. The Andrews claim that when Mr. Andrews opened the door, he was immediately followed into the house by a “whoosh of presence.” The Andrews claim that they granted permission for interviews of the children because they feared arrest or losing their children. The officers left the house and the Andrews acquiesced to the walk-through. No charges were filed and the assessment was closed as “no services indicated.” The Andrews filed a lawsuit under 42 U.S.C. 1983, alleging violations of Fourth and Fourteenth Amendment rights. The district court denied defendants’ motion for summary judgment of qualified immunity. The Sixth Circuit reversed as to the social workers, but affirmed with respect to an officer. View "Andrews v. Hickman County" on Justia Law