Brokaw v. Mercer County, 235 F.3d 1000, 235 F.3d 1000 (7th Cir. 12/19/2000)

[1]	U.S. Court of Appeals, Seventh Circuit
[2]	No. 98-1131
[3]	235 F.3d 1000, 235 F.3d 1000, 2000.C07.0042698 <http://www.versuslaw.com>
[4]	December 19, 2000
[5]	C.A. BROKAW, PLAINTIFF-APPELLANT, v. MERCER COUNTY, JAMES BROKAW, WEIR BROKAW, ET AL., DEFENDANTS-APPELLEES.
[6]	Appeal from the United States District Court for the Central District of Illinois. No. 97 C 4011--Joe Billy McDade, Chief Judge.
[7]	Before Ripple, Manion, and Diane P. Wood, Circuit Judges.
[8]	The opinion of the court was delivered by: Manion, Circuit Judge.
[9]	Argued September 16, 1999
[10]	In July 1983, when he was six years old, C.A. Brokaw and his three-year-old sister were forcibly removed from their parents' home in Mercer County, Illinois. After he turned eighteen, C.A. filed suit against his grandfather and aunt, who he contends conspired with his uncle, a Deputy Sheriff of Mercer County, to violate his constitutional rights. C.A. also sued the social worker and other officers involved in removing him from his home, along with the state judge who presided over various hearings. Additionally, the suit named Mercer County and the State of Illinois (although the State of Illinois is no longer a party to the case). After allowing C.A. to amend his pro se complaint, the district court dismissed the complaint for failure to state a claim. Brokaw appeals. We reverse as to all defendants except the presiding judge and Probation Officer Hansen.
[11]	I. Factual Background
[12]	Because this case comes to us from a 12(b)(6) dismissal, we assume that the facts alleged in the complaint are true, and read those facts, and all reasonable inferences flowing from those facts, in the light most favorable to C.A. Bethlehem Steel Corp. v. Bush, 918 F.2d 1323, 1326 (7th Cir. 1990). In determining whether C.A. failed to state a claim, we also consider any additional consistent facts presented by C.A. on appeal. Albiero v. City of Kankakee, 122 F.3d 417, 419 (7th Cir. 1997). With this in mind, we go back in time to 1983.
[13]	In early July of that year, the plaintiff's father, Dennis Brokaw, who had recently been released from the hospital and who was still recuperating, was invited by his sister, Karen Weaver, and their father, Weir Brokaw, to Weir's home. The invitation specifically excluded Dennis' wife, Bonnie, and their children, the plaintiff C.A. and C.A.'s sister. As it turned out, they were excluded because Karen and Weir were attempting to convince Dennis to leave his family. During the next few days, Weir and Karen brought intense pressure on Dennis to leave his family and to obtain a divorce because they objected to Dennis and his family's religious beliefs and practices. Dennis refused. Soon thereafter, on the evening of July 5, 1983, there was a confrontation b