A federal appeals court reversed a lower court’s dismissal of a Bronx father’s lawsuit against New York City and an ACS caseworker. The father alleged that ACS removed his newborn son without a court order and kept him separated for nearly three years. The appeals court held that if the father proves the allegations, the conduct would violate constitutional rights against unlawful seizure and due process for both the father and the infant. The claims against the City of New York and ACS caseworker Amar Moody will proceed to discovery or trial. The father sought compensatory and punitive damages. The complaint alleged ACS acted based on the mother’s prior history of neglect involving other fathers, while the father was never accused of wrongdoing or unfitness.
"In one amicus brief, the Center for Constitutional rights framed the separation of the baby from his father, who is Black, as a racial issue that has roots in racist policing. Another brief said the city did not come close to meeting constitutional standards in taking an action that causes lifelong trauma to children."
Read at www.amny.com
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