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The Texas Department of Protective and Regulatory Services ("TDPRS") eventually assumed TDHS's child protective services responsibilities.We use "TDHS" to refer to both TDHS and its successor, TDPRS.Richard Huges Davis, Robert Christopher Bunt, Howard Davis, Tyler, TX, Ramon Gustave Viada, III, Abrams, Scott Bickley, Houston, TX, for Roland Scott Lyford. Wendell Kerr is the son of plaintiffs Eugene and Geneva Kerr, so his and Loretta's children are the grandchildren of the instant plaintiffs.Jose Manuel Rangel, Austin, TX, for Ann Goar and Debbie Minshew. Hunter, Austin, TX, for Ann Goar, Debbie Minshew and Steve Baggs. On account of sexual abuse allegations made against Wendell Kerr, the Kerrs' grandchildren (the "Kerr children") were living in foster homes, and it was Goar's responsibility to meet with them on a monthly basis.When TDHS discovered that Wendell Kerr had married Wanda Geer Hicks (hereinafter referred to as "Wanda Kerr") and moved in with her and her five children, it executed an emergency removal of these children, placing them into three different foster homes. 266, 275 (1994), the Court held that no such right exists under the Fourteenth Amendment, it did not reach the question of whether it exists under the Fourth Amendment. This gives the Kerrs the basis they need to pursue their civil conspiracy claim, in that a § 1983 civil conspiracy claim must be based on the breach of a constitutional right. that the action terminated in the plaintiffs' favor; 4. that the defendants acted without probable cause; 6. that the criminal proceeding damaged the plaintiff. Lastly, the shed in the Kerrs' backyard which had been identified by some of the children and the adults as the place where Wilson's body had been kept was also alerted to by the dog and, suspiciously, showed signs of recent washing and repainting.
Lastly, they told graphically of the murder and dismemberment of babies and children at the hands of their parents and grandparents. Thus, Lyford enjoys absolute protection for these activities. The Kerrs complain that Goar and Minshew violated their civil rights by engaging in malicious prosecution, civil conspiracy, false arrest, seizure, and imprisonment. The district court also was correct in holding that the Kerrs' malicious prosecution claim implicated a clearly established right at the time of the events in question. Indeed, the Kerrs cite largely to their third amended complaint, but not to any affidavit or other piece of substantive evidence, in support of these most serious claims.In December 1990, Goar was shown a letter addressed to Wendell Kerr written by Lucas Geer, the brother of Wanda Geer Hicks, a woman who, following her divorce from James Hicks, had begun dating Wendell Kerr (who had recently divorced Loretta Kerr). The Kerrs' civil conspiracy claim is contingent on the success of their malicious prosecution claim, which is the only tenable § 1983 violation here.In this letter, Lucas Geer appears to apologize to Wendell Kerr for sexually abusing one of Wanda Geer Hicks's sons. Because this case is before us on appeal from summary judgment, the Kerrs need only demonstrate the existence of a genuine dispute of material fact regarding defendants' conduct. The district court found that the Kerrs had made out their prima facie cases of malicious prosecution and civil conspiracy. To prevail, the Kerrs must demonstrate that either (1) the record affirmatively establishes that probable cause was lacking or (2) enough genuine, material factual disputes exist regarding the elements of probable cause that the ultimate finding of probable cause is the subject of a genuine, material factual dispute. To sustain a summary judgment, we must find that the undisputed facts support a finding of probable cause, a mixed question of fact and law. A genuine, material factual dispute as to some of the elements of the probable cause calculus does not preclude an affirmance, however, for probable cause still could be found based upon the totality of the undisputed elements.Geer corroborated many of the allegations made by the Kerr and Hicks children implicating the other Kerr adults, including Eugene and Geneva Kerr, in their abuse and torture. But the similarity ends there, for in Jennings, the special prosecutor used his appointment as leverage in an extortion scheme by prosecuting the coroner for solicitation to commit bribery. That bribery prosecution was held to be outside the prosecutor's authority, because his statutorily-derived authority extended only to "preparation and trial of any indictment for homicide or murder on behalf of the commonwealth." See id. 1966), which simply states the rule that "[t]he immunity of a prosecutor . To justify a Fourth Amendment malicious prosecution claim, then, one has to extend the period of "seizure" past arraignment.
Polygraph testing suggested that Geer was truthful in making these statements. 1992), concerned a prosecutor who allegedly fabricated evidence months after he had been recused from the case. Only Justice Ginsburg was willing to make this leap in , and the circuit courts are divided both on the application of the Fourth Amendment post-arraignment and on whether mere requirements of the posting of bond and appearance at pretrial hearings, without more, constitute a "seizure." This court recently lined up on the side of Justice Ginsburg's concurrence without acknowledging the basis for debate.
A large number of these statements were made / elicited during videotaped interviews, which have enabled the plaintiffs' and defendants' dueling experts to critique the style of questioning employed by the defendants. Perry and CPS were particularly critical of Goar and Minshew for obtaining information from the children via the "holding" technique, whereby a child would be held against his will until he provided answers to questions. We need not, and therefore do not, reach the issues of whether Goar, Minshew, Baggs and Fleig acted within the scope of their authority, and whether a reasonable official in their position would have viewed their actions as unconstitutional. The best case of which we are aware in support of the Kerrs' position that qualified immunity should not attach had facts significantly more compelling than those before us today. Additionally, a fourth witness who had seen the robbery for which plaintiff was arrested told police that someone else had committed it. Two of the justices, Kennedy and Thomas, refused to recognize any constitutional tort for malicious prosecution, inasmuch as such a claim would merely duplicate adequate state law remedies.