Filed: March 3, 2006

Nature of Case: On January 25, 2005, Maricopa County Child Protective Services received an anonymous tip that the home of HSLDA members Mr. and Mrs. L was not habitable, and requested a meeting. The family declined to meet with the social worker, but offered to show her a copy of their occupancy permit. Over a month later, on March 9, two social workers and several sheriff’s deputies arrived on their doorstep. The social workers insisted upon coming inside. They would not talk to HSLDA’s attorney, T.J. Schmidt. Mr. Schmidt was able to talk to an Assistant Attorney General, who informed him that if the family did not allow the social workers to come in, they would take all of the children. Faced with this threat, Mr. and Mrs. L allowed the deputies and social workers to come in. They found no evidence of neglect, and left in less than five minutes.

Status: HSLDA has sued the social workers and the sheriff’s deputies for violation of the Fourth Amendment and interference with family privacy, the sheriff for failure to train the deputies, and the Assistant Attorney General for interference with family privacy. The Assistant Attorney General has filed a motion to dismiss for failure to state a claim regarding the threat to remove the children. The social workers have also filed a motion to dismiss claiming qualified immunity. We have responded to both motions and are waiting for a hearing to be scheduled. Ongoing.