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.