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Gray v. Poole

Where plaintiff sued social worker for her part in initiating child neglect action, dismissal of complaint on ground of absolute immunity affirmed with regard to any testimony defendant gave to court in child neglect action; case remanded for further proceedings with regard to defendant's actions in investigating the case and recommending that a neglect action be brought, because those actions entitled defendant to qualified, not absolute, immunity.

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Argued December 7, 2001

Opinion for the Court filed by Circuit Judge Edwards.

Appellant William T. Gray, III, appeals the District Court’s dismissal of his pro se lawsuit against Theisha Poole, a District of Columbia social worker. Poole investigated and helped initiate a child neglect action filed in the District of Columbia Superior Court (“Superior Court”), which ultimately resulted in the termination of Gray’s custody of his younger brother. Gray filed a complaint in District Court, claiming that Poole and the two attorneys responsible for the child neglect action had violated 42 U.S.C. s 1983 in investigating, initiating, and prosecuting the matter. The District Court dismissed Gray’s action, holding that all three defendants were protected by absolute immunity. This court summarily affirmed the dismissal as to the two attorneys. See Gray v. Poole, 243 F.3d 572 (D.C. Cir. 2001) (“Gray I”). The only remaining issue before this court is whether Poole is protected by absolute or qualified immunity.

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