Barber v. Miller

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A family member reported to Michigan Children’s Protective Services (CPS) that Barber was neglecting J.B. Miller, a CPS social worker, interviewed J.B. at his public elementary school without a court order or Barber’s consent. Miller interviewed Barber, who defended his marijuana and prescription-drug use as medically authorized. Days later, Miller again interviewed J.B. at school without a court order or parental consent and spoke with J.B.’s paternal grandmother. Miller obtained a court order, placing J.B. in protective custody pending a hearing, Mich. Comp. Laws 722.638, and picked J.B. up from school. After a hearing, the judge found probable cause to support the petition, but returned J.B. to Barber’s custody conditioned on: Barber’s abstaining from marijuana, submitting to drug screening, and ensuring that J.B. has constant adult supervision. Barber sued Miller under 42 U.S.C. 1983 for violating his substantive due process rights by interviewing J.B. without a court order or parental consent; falsehoods in the petition; and removing J.B. from school, and challenged the statute as facially unconstitutional. The Sixth Circuit affirmed dismissal on grounds of absolute and qualified immunity and found that Barber lacked standing for his constitutional challenge to the statute. View "Barber v. Miller" on Justia Law