Roe v. Con

417 F.Supp. 769 (1976)

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Nature of the Case

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Facts

An investigation was started by Coppage, who was the father of Richard Roe, to show that Roe's mother, Wambles, was living with black men. On the basis of this complaint, Officer Conn, a police officer, investigated and found no criminal violations. Coppage then went to the County Youth Facility, and told Barbara Ward, the director, that Wambles was living with and entertaining black men and that he wanted to get his child from that situation and that he wanted custody of Richard. A pickup order was issued to the police if Wambles was living with a man she was not married to. Conn went to the home and found there to be no abuse or any neglect, and the only facts that he discovered were that Wambles was living with a black man. Judge Thetford issued the order without really knowing any of the facts other than Wambles was living with a Blackman and that this was relevant to his issuance of the order. The child was taken by force by the police. Richard was placed with a DPS licensed shelter home, and a hearing was scheduled six weeks later. Coppage and Wambles were present for the hearing, and the judge gave custody to Coppage. Wambles then filed a petition for custody 3 weeks later, a motion for a new trial, and blood tests. These motions were denied as untimely. A second petition was filed and denied. The Alabama Court of Civil Appeals affirmed. This lawsuit resulted.