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Michael C. v. Gresbach

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ARGUED DECEMBER 3, 2007

Before BAUER, EVANS and SYKES, Circuit Judges.

The parents and stepparents of minor children Ian and Alexis (“Plaintiffs”) sued Dana Gresbach, a caseworker with the Bureau of Milwaukee Child Welfare (“Bureau”), under 42 U.S.C. § 1983, alleging in part that Gresbach violated the children’s Fourth Amendment rights when she conducted under-the-clothes examinations of each child’s body during separate interviews at their private school, as part of a child abuse investigation in February of 2004. Gresbach moved for summary judgment on qualified immunity grounds. The district court denied the motion, holding that Gresbach’s conduct violated the children’s rights to be free from unreasonable searches, and those rights were clearly established at the time of the searches. Gresbach appeals, arguing that she is entitled to qualified immunity because her actions were objectively reasonable under the Fourth Amendment after she received general consent from the school’s principal to investigate an allegation of child abuse pursuant to Wis. Stat. § 48.981(3)(c)1, and no case clearly established that her investigation violated the children’s Fourth Amendment rights. We affirm.

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