My guest blogger today is Daniel Pollack, MSSA (MSW), JD. Pollack is a full professor at Yeshiva University's School of Social Work in New York City and Senior Fellow, Office for Foster Care and Adoption, University of Massachusetts Medical School, Worcester, MA. His topic today is:
When qualified immunity protects social workers from 42 U.S.C § 1983 lawsuits
As social work has developed into an increasingly seasoned, mature, and specialized profession, the role of the social worker has also changed. So too is the expectation that social workers will ensure that they are satisfying all legal responsibilities owed to their clients. Although many public sector social work administrators and practitioners are concerned about liability litigation and qualified immunity, no national studies of appellate cases have been published. This study explores when social workers are and are not successful in asserting qualified immunity when sued in civil court under 42 U.S.C. § 1983.