Jamel Billups v. Penn State Milton Hershey Medical Center, 1:11-cv-1784

On April 23, 2012, Chief Judge Kane granted two motions to dismiss and granted in part one motion to dismiss in this matter.  Plaintiff was charged and ultimately acquitted of aggravated assault and endangering the welfare of children related to injuries sustained by his infant child.  As a result of the charges, Plaintiff’s children were temporarily removed from the custody of Plaintiff and their mother.  Plaintiff ultimately filed suit alleging violations of his constitutional rights against three groups of defendants: (1) employees of Franklin County; (2) employees of the Chambersburg Borough; and (3) employees of the Penn State Milton Hershey Medical Center.  The Court found that Plaintiff’s allegations regarding the Medical Center’s opinion that the injuries sustained by Plaintiff’s child was the result of abuse did not state a Constitutional violation.  Similarly, the Court found that the decision to remove Plaintiff’s children from his custody and institute a voluntary safety plan following the child abuse allegations did not violate Plaintiff’s right to familial integrity.  The Court did, however, determine that allegations regarding whether the extension of the safety plan beyond thirty days without a Court order may state a claim.  Accordingly, at this early stage, the Court denied the Franklin County Defendants’ motion to dismiss that claim.

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