2012 Conference Executive Record Report.pdf - YMCA of Greater ...

Atrion and Joe brought §1983 claims against CPS and Mike Couzens, individually, for their alleged
constitutional violations. Atrion argued that (1) CPS, through its agent Mike, violated the Fourth Amendment by
unreasonably seizing Joe without probable cause that Joe was in danger; and (2) CPS, through its agent Mike,
violated the Fourteenth Amendment, substantive due process, because Atrion and Joe’s separation was shocking,
arbitrary, and capricious. CPS and Mike countered by arguing that (1) CPS and Mike were protected by qualified
immunity; (2) Mike did not violate Plaintiff’s Fourth Amendment rights because there was probable cause Joe was
in immediate danger if he remained with Atrion; and (2) Mike did not violate the Fourteenth Amendment because
Atrion and Joe were not separated so long a period of time as to violation Plaintiffs substantive due process rights.
At trial, both parties moved for summary judgment. The court dismissed Plaintiffs Fourteenth Amendment
claims finding that no reasonable juror would conclude that Atrion and Joe’s separation was so long as to be
shocking, arbitrary, and capricious. It also dismissed Plaintiff’s Fourth Amendment claims finding that CPS and
Mike were entitled to qualified immunity. The Appellate Division agreed. Atrion now appeals.
AG Tara Galusha represents: Child Protective Services and Mike Couzens, individually, Respondent
PD Eric Quitter represents: Artion Raimundi Appellant
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