Vaughn v. Ruoff

253 F.3d 1124 (8th Cir. 2001)

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Nature of the Case

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Facts

s were married and have children. P, Margaret, was diagnosed as mildly retarded. P's had a child born, Leta, with various health problems that required ongoing medical care. MDFS took custody of Leta, finding that Ps failed to maintain a sanitary home and could not demonstrate an ability to rear her properly. D counseled Ps on birth control. P was injected with Depo Provera but had another child, Kevin Jr. MDFS took custody of Kevin Jr., finding unsanitary home conditions and an inability on the part of Ps to rear him properly. The same day and immediately after, Kevin Jr. 's birth while P was still in the hospital, D told P that if she got her 'tubes tied, that [she] would have [her] kids back in two to three weeks.' D also said the chances would be really great if Kevin Sr. also got sterilized. P agreed to a tubal ligation, and D scheduled it and even arranged to drive P to the hospital. D drove P to the appointment, and the tubal ligation was performed. A few weeks later, MDFS informed Ps that it would recommend termination of their parental rights to both Leta and Kevin Jr. Ps sued Ds, and all Ds were granted summary judgment except D who claimed she was entitled to qualified immunity.