Is advising the police that they have probable cause to arrest an advocacy function during the investigative stage of the child abuse investigation protected by absolute immunity?

MultiRegion, United States of America

The following excerpt is from Hill v. City of New York, 45 F.3d 653 (2nd Cir. 1995):

The first two acts are not protected by absolute immunity. The investigation of charges of child abuse and the removal of a child from its parents' custody is accorded only qualified protection. See Robison v. Via, 821 F.2d 913, 918-20 (2d Cir.1987). Nor is advising the police during the investigative stage of a case that they have probable cause to arrest an advocacy function. See Burns, 500 U.S. at 493, 111 S.Ct. at 1943. We agree with the district court to the extent it held appellants were not entitled to absolute immunity for these acts.

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