Omar Ex Rel. Cannon v. Lindsey

                                                                      [PUBLISH]

             IN THE UNITED STATES COURT OF APPEALS
                                                                  FILED
                      FOR THE ELEVENTH CIRCUIT          U.S. COURT OF APPEALS
                                                          ELEVENTH CIRCUIT
                                                               June 26, 2003
                        ________________________           THOMAS K. KAHN
                                                                 CLERK
                              No. 03-10594
                          Non-Argument Calendar
                        ________________________

                  D. C. Docket No. 02-01063-CV-ORL-19

OMAR, by and through his next
friend, Kevin Cannon,

                                                                Plaintiff-Appellee,

                                    versus

JOAN LINDSEY,
GLORIA BABCOCK, et al.,

                                                        Defendants-Appellants.


                        ________________________

                 Appeal from the United States District Court
                     for the Middle District of Florida
                      _________________________

                                (June 26, 2003)


Before DUBINA, MARCUS and FAY, Circuit Judges.
PER CURIAM:

      This is an interlocutory appeal from the denial of a motion to dismiss on the

grounds of qualified immunity. The suit is filed on behalf of a child removed from

his mother by personnel of the Florida Department of Children and Families. The

complaint alleges constitutional violations under 42 U.S.C. § 1983 against these

individuals. The gravamen of the allegations is that these individuals knowingly

and deliberately ignored the physical, mental and emotional harm being caused

this child by the intentional infliction of known cruel and unusual punishment that

shocks the conscience of any reasonable person.

      The ruling of the district court denying the motion to dismiss is affirmed for

the reasons set forth in its ORDER of January 14, 2003 which is attached as an

appendix.