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KOVACIC v. DEPT. OF CHILDREN AND FAMILY SERVICES

No. 11-4002.

724 F.3d 687 (2013)

Nancy KOVACIC, Plaintiff, v. CUYAHOGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant, Patricia Campbell-Ponstingle, Pam Cameron, and Vikki L. Csornok, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 31, 2013.

Attorney(s) appearing for the Case

ARGUED: Steven W. Ritz , Cuyahoga County Prosecutor's Office, Cleveland, OH, for Appellants. Jay F. Crook , Shryock, Crook & Associates L.L.P., Wickliffe, OH, for Appellees. ON BRIEF: Steven W. Ritz , Cuyahoga County Prosecutor's Office, Cleveland, OH, for Appellants. Jay F. Crook , Shryock, Crook & Associates L.L.P., Wickliffe, OH, for Appellees.

MOORE, J., delivered the opinion of the court in which BOGGS, J., joined. SUTTON, J. (pp. 702-13), delivered a separate dissent.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2002, Plaintiffs-Appellees Daniel Kovacic and Katherine Kovacic (collectively, "the children") were temporarily removed from the custody of their mother Plaintiff Nancy Kovacic ("Nancy") by Defendant Cuyahoga County Department of Children and Family Services ("CCDCFS"). Defendant-Appellant Patricia Campbell-Ponstingle, a social worker involved with the case, determined...

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