Thursday, June 2, 2011

Camreta v. Greene

The United States Supreme Court on May 26, 2011, issued its long-awaited ruling in the case of Camreta v. Greene ).(563 U.S. __ (2011).
This case involved an appeal of a Ninth Circuit Court of Appeal decision that was brought by a child protective services officer. The Ninth Circuit decision held that child protective services case workers and law enforcement officials must have a search warrant, parental consent or other exigent circumstances in order to interview a child at school about suspected child abuse. Failure to do so, according to the court, constitutes a violation of the child’s Fourth Amendment rights against unlawful seizure. The Ninth Circuit went on to find, however, that the public officials in the case had qualified immunity from damages, since the law was not well-settled.

On appeal, a divided Supreme Court found that in qualified immunity cases it has the authority to hear an appeal brought by a successful public official, when the lower court has ruled on the underlying constitutional issue and such ruling will have a continuing impact on the manner in which the official performs his duties. However, the Court found that this particular case is moot, since the student on whose behalf the law suit was brought is nearing her 18th birthday and has moved to Florida. Even though the case is moot, which would normally preclude any further consideration, the Court ruled that to leave standing the underlying constitutional determination would deprive the officials of any recourse. Therefore, the Supreme Court vacated the Ninth Circuit’s constitutional analysis regarding the Fourth Amendment obligations in investigations of suspected child abuse. Its ruling does not address the merits of the constitutional analysis, but rather held that it should not be left standing if the officials have no ability to have the issue decided. It is this point on which members of the Court disagreed.

Thus, it remains for another day and another case to find out what requirements, if any, are needed before a child is interviewed at school by child protective services or law enforcement officials regarding child abuse allegations.


Diana D. Halpenny