No. 95-1594
Plaintiffs, Appellants,
v.
Defendants, Appellees.
____________________
____________________
Before
Circuit Judges.
______________
____________________
Tillingh
________
Rape Cri
Kathleen M. Powers with whom Marc DeSisto and DeSisto Law Offi
__________________
____________
_________________
were on
brief
for
Delage,
Christine
appellees Town
Davidson,
of
Lorraine
North
Smithfield,
Nault, Richard
Henrie
Smith,
Te
____________________
February 1, 1996
____________________
Per Curiam.
__________
In the
district
court, John
and
Diane
Wojcik filed a
U.S.C.
1983 and
including
kidnapping.
("Crisis
The
under 42
an array of offenses
Town of
Center, Inc.
and others.
possible child
abuse, one
initiated by
teacher and
the
school.
Lagueux's
thorough
Smithfield, 874 F.
__________
opinion
in
Wojcik
______
v.
Chief Judge
Town of North
_______________
1995), and we
confine
The
and
other
topics
for
sixth
a student
program
in the
and what
advised the
class.
she
victim
of child
discipline.
abuse
children
at
North
Based
said,
Rhode Island
grade
on
the
her reactions
Crisis
Department of
in the
DCF investigator
form
Center
the
"teacher"
Children and
Their
Mary might be
of excessive
visited
to
the
corporal
the Wojcik
home,
-2-2-
different
Wojcik
January 1991.
to her
child,
Katherine.
that excessive
occurred almost
year
made statements
physical punishment
was
later in
to believe
being used
against
the teacher's concerns grew, and she and the school principal
jointly
called DCF.
January
1991.
children,
DCF
After
closed
talking
this
to the
case
as
occurred in
Wojciks
well.
and
The
their
lawsuit
followed.
In January
1995, the
district
summary
judgment dismissed a
against
various defendants.
court on
number of the
874
F. Supp.
a motion
for
Wojciks' claims
at
530.
The
remaining claims were tried in April and May 1995, but at the
close of
the plaintiffs'
case, the
district court
granted
of the remaining
the
that
defendants on all
remaining claims.
From
is unreported.
So
far
as
the
reports to
DCF
that those
were
concerned,
defendants involved
the
in
As
to
the
section
1983
claims,
-3-3-
these
determinations
established
both the
DeCosta v. Chabot, 59
_______
______
presence
to report
a constitutional
violation,
Harlow v.
______
Fitzgerald, 547
__________
it to DCF
creates immunity to
General Laws
reports
of
of qualified immunity.
requires
lack
were
a good
faith report
40-11-3(a), -4.
protected under
Rhode Island
this provision
against state
On
Center
counselor,
and
later
Katherine's
the Crisis
teacher,
of the journal
that the
entries were
reports to be
DCF's
inaccurate.
role--not
the
teacher's--to
existed; it is
carry
out
any culpable
mishandling
or malice
in
required
the filing
the
suggests
of
the
The
charge
only novel
that
the
reports aside,
from one
element in the
the
claims is
the Wojciks'
Fourth
Amendment was
school to another
to permit a DCF
second incident.
-4-4-
car
investigator to
were in different
that
it
would
uncomfortable
questioned.
the
be
more
situation, if the
not actual
Wojciks
also
officials thought
comfortable,
reluctance, if
that
manifestly
resistance.
based
in
their
It
is on
went with
this trip
kidnapping,
false
The
officials,
primarily
misconduct
or
crime.
in
the
E.g.,
____
investigation
of
student
Alton, 115 S. Ct. 2386 (1995); New Jersey v. T.L.O., 469 U.S.
_____
__________
______
325
(1985).
unreasonable seizures.
____________
Nothing in
one
vicinity,
by a
made by one
of the teachers.
upon a possible
The claim
abuse report
fails both on
the
Although
claims on
the
Wojciks are
determinations
district
court
largely answered
of
reasonableness
discussed
the
-5-5-
by
and
state
the district
good
faith.
claims
both
court's
The
in
its
published opinion
add to the
state
discussion.
be construed, it
nothing to
However the
clearly covers
In
lack
of
directed
material
facts
verdict, the
unreasonable or that
too think
reasonable
that the
dispute.
in dispute;
court's
rulings
and
in
granting the
determined that
material facts
fact finder.
no
question was
faith.
were essentially
We
beyond
of the
defendants' conduct is
the jury;
fact, are
properly resolved by
find otherwise.
We
sense of outrage
that they
government
prosecution of crimes
intrusive
inquiries
to acquittals and
produce refunds.
Where the
-6-6-
Official
misconduct
out of
does
occur
malice or
and
local
incompetence.
officials
sometimes
do act
We have
ourselves
judgment or
jury.
to require a section
Rubinovitz v.
__________
1983 case to
Rogato, 60 F.3d
______
906 (1st
summary
proceed to a
Cir. 1995).
careful:
he granted
that other
unnecessary to the
With
There
appeal from
motion to
appeal
is a
the
substantial question
summary judgment
was filed
contest on appeal
late
and
whether the
order was
is before us.
the
Crisis
timely, and
The notice of
Center
Wojciks'
defendants
of excusable
time to appeal
under Fed.
R. App.
addressed
because
the
P. 4(a)(4).
This is
affirmance
on
the
-7-7-
merits
be
amply
Affirmed.
________
-8-8-