The U.S. Department of Health and Human Services reported that in 2010, when state agents intruded into the private lives of minors, 73% of those cases were without cause. Join HSLDA Counsel Darren Jones and host Farris as they discuss the current status of the Loudermilk Fourth Amendment case, today on Home School Heartbeat.
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Mike Farris:
In 2005 without a warrant, social workers demanded entry into the Loudermilk home, saying, “If you don’t let us in, we’re going to take your kids.” We sued in federal court, saying this was a violation of the family’s fourth amendment rights. Darren, update our listeners on the status of this case.
Darren Jones:
Okay, social workers received an anonymous tip that the interior of the Loudermilk’s home contained safety hazards related to it still being under construction. And even though the county had permitted the occupancy, the social workers demanded to be allowed in. The Loudermilks declined. Two months later, the supervisor decided to show her subordinates how to get inside a house. She called for police backup on the way to the house. After forty-five minutes, the Loudermilks relented to prevent the social workers from immediately taking their kids. We sued both the social workers and the officers. Now the trial court ruled our case could go forward to trial, but the police officers appealed and the Ninth Circuit dismissed them out of the case, saying they were entitled to qualified immunity. The trial court is now deciding whether we can still go to trial against the social workers.
Mike:
Darren, the Ninth Circuit decision was outrageous. They contended that you can threaten parents with taking their kids and it doesn’t violate their 4th Amendment rights. We hope that we can overturn this eventually. I’m Mike Farris.
