No Liability for Tennessee Doctor Who Diagnosed Child Abuse

A Tennessee physician whose diagnosis of suspected child abuse led state authorities to remove two children from their parents isn’t liable for violating the childrens’ right against unreasonable seizure, a federal court in Tennessee said.

Deborah Lowen was entitled to qualified immunity because there was no clearly established law that a physician reporting suspected child abuse violates the Fourth Amendment by failing to include medical conditions that could mimic abuse, the U.S. District Court for the Middle District of Tennessee said Oct. 1.

Lowen, though not a state employee, was a state actor for purposes of this lawsuit, the court ...