Attorneys Schwalm and Clayberger win Third Circuit appeal in a civil rights lawsuit involving a county children and youth services agency.

The United States Court of Appeals for the Third Circuit recently issued an Opinion affirming the District Court’s entry of summary judgment in favor of a county children and youth services agency represented by TT&H Attorneys Dave Schwalm and Matt Clayberger.  The case arose out of a family safety plan that children and youth services caseworkers implemented based on evidence that the father had physically abused his child.  The family filed suit against the children and youth services agency and two of its employees, arguing that the safety plan violated their procedural due process and substantive due process rights under the Fourteenth Amendment.

Accepting the arguments raised by Attorney Schwalm and Clayberger, the Third Circuit Court of Appeals issued an Opinion that upheld the entry of summary judgment in favor of the children and youth services agency and its employees.  Attorneys Schwalm and Clayberger successfully argued that the District Court’s decision should be affirmed, since the evidence showed that the children and youth services employees had a reasonable basis to conclude that the father had abused his child.

Questions about this case can be directed to Matt Clayberger, at (717) 237-7150 or mclayberger@tthlaw.com.