Kelcey Patton v. T. D.

Is a social worker who was one member of team of professionals and relatives who collectively recommended the placement of a child with his biological father, which placement was ultimately determined by a juvenile court judge, entitled to qualified immunity from a 42 U.S.C. § 1983 claim that the placement violated the child’s right to substantive due process under the danger creation theory of liability? Does a single decision from a Circuit Court of Appeals create clearly established law for qualified immunity purposes? Can the Tenth Circuit decision in Currier v. Doran, 242 F.3d 905 (10 th Cir. 2001), create clearly established law when it is inconsistent with this Court’s decision in DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189 (1989)? Are the facts of this case sufficiently distinct from the facts of Currier v. Doran, 242 F.3d 905 (10th Cir. 2001), such that the latter case would not alert the petitioner that her alleged actions violated the constitutional rights of the respondent?